A tutela da diferença no direito socioambiental pós-moderno: um estudo de caso sobre a prática da agricultura de corte e queima pela Comunidade Quilombola de Ivaporunduva / Tutelage of \

Cecilia de Lara Haddad

This research aims at developing a thorough analysis of the Right that arose with modernity. Based on the hypothesis that even though Post-Modern Right autodenominates itself the advocate of diversity, it is still tied to the legality model of judicial positivism. The Right is ongoing an important crises, and at the time that eliminates customary rules, eliminates several possibilities of acceptance and inclusion of heterogeneity. The exclusion of \"difference/diversity\", of the \"heterogeneous\", of the \"otherness\", is completely opposite to the capitalist logic. This is even more evident when judicial rules embedded in scientific knowledge are targeted to regulate social groups\ behaviors, and end-up invalidating them and eliminating the traditional knowledge embedded in those customary rules. In order to better understand this issue, this research analyzed the tutelage of social, cultural and natural diversity, by means of socio-environmental right, chosen from several rights that compound post-modernity. In order to do so, this case study verifies the consequences related to the possibility of remnants of Quilombola Community, which \"difference/diversity\" is trusted as a Brazilian Cultural Patrimony, continue cultivating their food in a traditional way, facing the universal and general imposition of infraconstitutional environmental legislation, namely, The Brazilian Forestry Code (Código Florestal Brasileiro) and The Atlantic Rain Forest Law (Lei da Mata Atlântica), constituted from scientific studies based on modern rationality thoughts. The methodology and foundation of this study were Boaventura de Sousa Santos\ theoretical work. The data collection was carried out by means of several techniques, like: observation, and semi-structured interviews. The data analysis was carried out by means of data triangulation. From the results obtained in this study it is possible to verify: 1) the sustainability of slash and burn agriculture according to traditional knowledge; 2) the decrease of slash and burn agriculture practice in Ivaporunduva Community leading to a) purchase of food from local supermarkets, b) increase of obesity and malnutrition in community members, c) agriculture intensification and loss of their system\ s sustainability, d) judicial and social inefficiency of the legislation analyzed in this study. The intention of this research is not to propose a final conclusion of this issue, but to suggest the need of an active dialog between traditional and scientific knowledge in order to determine if slash and burn agriculture will be allowed or prohibited as a practice for this community, looking to achieve by means of a cognitive justice, the long expected social justice.

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