Proteção jurídica das práticas e territorialidades específicas das comunidades ayahuasqueiras
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2023-04-25
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Universidade Federal de Goiás
Resumo
Ayahuasca is a sacred drink used in a ritual way since time immemorial by the native
Amazonian and Andean peoples. In Brazil, during the 20th century, the ritual use of
ayahuasca increased among non-indigenous peoples, culminating in syncretic religions
that later expanded beyond the Amazonian territory, including internationally. The
relationship of these subjects with ayahuasca and consequently with the territory/nature
is guided by ancestry and spirituality, that is, a conception that Nature is sacred,
materialized through a harmonious relationship with Nature. That is, the specific
practices and territorialities of the ayahuasca communities are not guided solely by a
marketing relationship with the territory. These specific practices and territorialities are
part of Brazilian culture, with their protection guaranteed by CRFB/88, which explicitly
recognizes the plurality of Brazilian culture and within the scope of international
protection and human rights, primarily by Convention 169 of the ILO. For these
reasons, through the legal-sociological aspect, studying the legal phenomenon in the
social environment and using deductive/inductive reasoning. We carried out a
bibliographical review and a qualitative analysis of the specific practices and
territorialities of the ayahuasca communities and their consequent spiritual relationship
with the land /Nature. To conclude that territory and culture are inseparable. Therefore,
the protection of ayahuasca practices is essential to guarantee and protect the territory
and, consequently, the cultural heritage and identity of different subjects and
communities. In addition, as these subjects promote movements in defense of their
territorialities, they create a plural right of a counter-hegemonic character based on the
preservation of Nature, on the consideration of individualism and the notions of private
property.
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TELES, Marcus Vinícius Santana. Proteção jurídica das práticas e territorialidades específicas das comunidades ayahuasqueiras. 2023. 135 f. Dissertação (Mestrado em Direito Agrário) - Faculdade de Direito, Universidade Federal de Goiás, Goiânia, 2023.