Subjetividades jurídicas dos povos indígenas e tradicionais e o direito de participação: o caso da hidrovia Araguaia Tocantins
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2018-04-02
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Universidade Federal de Goiás
Resumo
The planning and execution of projects aimed at the installation of large enterprises in areas
where indigenous and traditional peoples live must always guarantee the effective
participation of these peoples. Otherwise, the economic development project will not address
social development. Indigenous and traditional peoples are subjects of individual and
collective rights, with different ways of being, doing and living and occupying the territory in a
traditional way, delimiting it by the use that is given to the land by the subjects. The strong
link between these peoples and their territories is perceived by the various guarantees of
protection they provide, through internal and international legal instruments. Thus, any
possible interventions to affect the way of life of indigenous and traditional peoples must be
previously informed, enabling free decision-making through the rights of consultation,
participation, recognition of their social organization and respect for the self-determination of
each people, able to choose which model of development they desire for themselves and for
their group. This issue is part of the context addressed by the New Latin American
Constitutionalism, which recognizes the Constitution of the Federative Republic of Brazil of
1988 as the guarantor of legal pluralism and democratic multiculturalism. In this sense, the
Araguaia Tocantins waterway project, by failing to observe the rights of indigenous and
traditional peoples to consult and participate in decision-making about the development
model they wish for themselves, disregards their collective subjectivities and territorial rights.
the integrated set of human rights recognized by the Constitution of the Federative Republic
of Brazil of 1988. One demonstrates how large development projects, by submitting
themselves to a strictly capitalist logic, make the participation of indigenous and traditional
peoples unfeasible, ignore their interests, offend their dignity and, consequently, violate their
rights when they do not effect legal subjectivities of individuals and collectivities. Public
policies, therefore, need to be guided by a model of inclusive development that addresses the economic, environmental, cultural and social aspects, capable of integrating all peoples with the model of development to be adopted by the State. The first chapter of the dissertation studies the juridical subjectivities and the right to the territory of the indigenous and traditional peoples. In the second chapter, it examines the exercise of the right of these
peoples through the recognition and enforcement of constitutional guarantees, and in the
third chapter it verifies how the installation of large projects with purely economic objectives,
in particular the Araguaia Tocantins waterway project generates conflicts with indigenous and
traditional peoples. The methodological approach performed in the work is descriptive-
qualitative-propositive, through the analysis of documents and data regarding the possibilities of participation of traditional populations in the formulation of public policies.
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Direito agrário , Direitos de consulta e participação , Hidrovia Araguaia Tocantins , Povos indígenas e tradicionais , Subjetividades jurídicas coletivas , Agrarian law , Rights of consultation and participation , Araguaia Tocantins waterway , Indigenous and traditional peoples , Collective legal subjectivities
Citação
MORAES, L. C. Subjetividades jurídicas dos povos indígenas e tradicionais e o direito de participação: o caso da hidrovia Araguaia Tocantins. 2018. 99 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2018.