Conservação ambiental e direitos multiculturais : reflexões sobre justiça / Protected areas and multicultural right : reflections concerning justice

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

From an interdisciplinary approach, focused on human sciences, this work is concerned with action situations that have occurred in protected environmental areas. We have selected two protected areas that have different presuppositions in relation to the possibility of conservation and human presence: Parque Nacional do Jaú (Jaú National Park and Reserva de Desenvolvimento Sustentável de Mamirauá (the Mamirauá Sustainable Development Reserve), both located in the Amazon. From a juridical pluralistic viewpoint, the analysis of action situations observed in these protected areas allows us to discuss if and how the positivated norms are imposed and how they are manipulated, negotiated and subverted on the local level. These action situations do not involve only questions regarding socio-environmental rights and obligations seen from a state juridical point of view - here we are dealing with the superposition of two constitutionally protected domains: environment and cultural diversity. These actions also lead us to reflect on the importance and limits of scientific knowledge, on the positivated rights, and on the State itself as legitimate delineators, capable of defining and managing Brazilian public policies, in particular those destined to the protection of the environmental and cultudiversity. After recognizing that state law does not have a monopoly on the Laws that regulate society, and that science does not have a monopoly on the truth, this work reveals some fragile settings in modern forms of knowledge and jurisdiction, highlighting the crisis of the state institutions in creating, legitimating and effectuating public policies and rights, and stresses the importance of the participation of local social groups in defining socio-environmental rules and agreements and, last but not least, effectuating democracy

ASSUNTO(S)

proteção ambiental pluralismo juridico politicas publicas environmental protection legal pluralism public policy social conflict conflito social - amazonia diversidade cultural cultural diversity

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