A sobreposição de direitos da comunidade quilombola do tambor e a unidade de conservação parque nacional do jaú

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Universidade do Estado do Amazonas

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The current threat to the expropriation of the territory of traditional peoples is contextualized in a moment of serious offensive against the rights of such people in Brazil. Although there are numerous social contexts when considering the issue in the country, has been the main obstacle to the rights of such peoples are respected is the most basic of all: the right to demarcate their territories. Although there is national and international legal instruments related to the rights of Maroons people, can verify that the Brazilian legal system, the Magna Carta 1988, which had a disruption of the assimilation policies of the Brazilian government recognized the existence of collective rights and social organization, however, in his text, refers only to the Indians. Regarding the Maroons, there is still no "status" Constitutional ensure that the specific rights of the Indians, although there under Article 68 of the Acts of Temporary Constitutional Provisions security special territorial rights. Given this socio-environmental problem, this thesis brings out a critical analysis of the rights achieved in the overlap of the Conservation Unit Jau National Park, full protection unit and the Quilombo Community Drum in a perspective of relationship and effects of its protections and consequences this community.

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