Mineração e garimpo em territórios indígenas e os impactos nos direitos culturais desses povos: o reflexo do mundo moderno que atinge a relação dos povos indígenas com a natureza
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2023-02-28
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Universidade Federal de Goiás
Resumo
The theme of this research is mining on indigenous lands. Verify how mining on indigenous lands affects the cultural rights of the native peoples of these territories. The construction of the debate is in the relationship that indigenous people have with nature, and how this characteristic is necessary to the construction of social and cultural reality, as traditional ways. Nevertheless, in a different way, from the current conception of modernity, the dominant society is based on anthropocentric, ethnocentric, eurocentric, and capitalist ideas. With these justifications, the possibility of the activity is allowed. However, the legal order recognizes indigenous cultural rights, in which degrading practices of nature, invasive to the territory, destabilizing the economy and harmful to health and indigenous food, affect the social organization, customs, and traditions of indigenous peoples. Because of the affectionate relationship with the land, the loss of these elements affects rights, specifically cultural rights related to the cultural formation of indigenous ways of life. The general objective is to analyze how mining on indigenous lands can hurt and bring problems to the cultural rights of these peoples, due to the relationship they have with the land. The specific objectives consist of: explaining the legislation pertinent to the theme, both regarding mining, as well as regarding indigenous cultural rights; relating the controversies of regulation as a consequence of the modern world, verifying how Brazil stands in this situation; exploring the relationship of indigenous people with nature, verifying how this relationship integrates the cultural reality of these peoples from reports with indigenous opinion. For the elaboration of this research, the method used is deductive, with qualitative research of exploratory object. The theme will developed through theoretical bibliographical research, with the reading of works that deal with the subject, which contribute to the understanding of the theme and to the solution of the problem presented. The materials used will serve as data and secondary sources for the conclusion of the research. For the survey of the argumentation, indigenous authors will used to demonstrate their conception of life, including also reports by indigenous associations about the situation in their lands. Complementing the idea, works by researchers focused on the study of indigenous peoples, also those characteristic of research on mining lands and pertinent to the cultural study. The theories used start from an initial plan of the colonialism of power, complemented by authors who report on the formative elements of 'modernity'. Consequently, of this formation, the Brazilian reality is seen by the theories of its situation before the world, with the term dependent capitalism. Through the research, it is possible to conclude that mining on indigenous lands affect the cultural rights of these peoples, due to the relationship they have with nature. This characteristic forms the indigenous cultures and is the ways of life of the original peoples. Therefore, as the legal system recognizes these rights, it is necessary to seek an effective implementation to prevent extractive activities from occurring on indigenous lands or, when they do occur, to comply with minimum requirements in accordance with indigenous acceptance.
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GUIMARÃES, Milena de Paula Faria. Mineração e garimpo em territórios indígenas e os impactos nos direitos culturais desses povos: o reflexo do mundo moderno que atinge a relação dos povos indígenas com a natureza. 2023. 163 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2023.