Mosaico de unidades de conservação de Canutama-AM: um espaço de exclusão e de reconhecimento de direitos de comunidades tradicionais

Abstract

This paper shows under a multidisciplinary perspective the socio-environmental conflicts occurred in the mosaic of units of conservation in the municipality of Canutama, in the state of Amazonas. In this context, there are some groups that stand out for being culturally different, and despite of living in the central areas of the municipality, uses in their traditional practices the natural resources of the protected areas, located in areas classified as rural. The objective of this research is to investigate if the interests of those groups may become rights recognized by the legal commandment of the country. The cultural diversity of Brazil is undisputable and its reflexes in the law of the country is better noticed from the precepts of the neoconstitucionalism, the north able to accomplish the necessary social changes through the force and the changing aspect of the constitutions (GAMBI, 2009). The Federal Constitution of 1988, by guaranteeing the practicing of the cultural rights (articles 215 and 216, FC/88), specifically the right to the way of living and doing, enhances the major developments in diretcion the relation between environmental protection and cultural and multiethnic. The legal pluralism and the social environmental rights will be the theoretical milestones that will light up the this paper. The research, which was originated from the professional experience of the researcher in the context of the conflicts, will be exploratory and explanatory and will have a theoretical-methodological focus, as well as documental and from the field. The social environmental conflicts lead the culturally different groups to a process of self identification to guarantee their rights and, although the national legal skeleton assures the right to the territory of the traditional communities, the process to the recognition and practice of their rights not rarely is stagnant because of the ancient legal models that reveal themselves as impediments imposed by the estate.