Povos e territórios tradicionais: jurisdição federal e os direitos da sociobiodiversidade

Abstract

As a result of the interaction of different human groups with multiple ecosystems, various forms of exploitation and appropriation of nature are verified. Indeed, there is a historical link between socio-cultural diversity and biodiversity, and traditional communities are examples of this interaction. Brazil, a megadiverse country and host of historic cultural clashes, presents a scenario of territorial disputes, many involving the clash between the advance of capitalism (monocultures) and ancient borders (territoriality) of the local people. Thus, the present study aimed to investigate territorial conflicts involving traditional communities, addressing fundamentals of ethnic and cultural rights of sociobiodiversity, to ensure the space of social reproduction of these communities. The methods used were the dialectical, the historical-functionalist and the monographic. Initially, there’s a conceptualization of "traditional communities", from anthropological, sociological and legal conceptions, taking into account the specific characteristics of the territorialities and formation of the Brazilian territorial space. This view is contrasted with the reality of globalization and the logic of capital, to the extent that the political and legal form of hegemonic ownership contrasts with the traditional forms of appropriation and use of land. Subsequently, cases involving traditional communities (especially indigenous and quilombolas), who were judged by federal courts, are analyzed, emphasizing the fundamentals and standards that underpin the decisions to investigate the way the Brazilian jurisdiction, in this context, has dealt with the issue. Finally, it proposes the strengthening of intercultural hermeneutics of territorial assertion and defense of traditional communities as sustainable "guardians" of nature.