Povos e comunidades tradicionais no Brasil: aspectos sob o direito ambiental internacional

Abstract

The research theme is the traditional peoples and communities in Brazil, bringing an approach of aspects under the International Environmental Law. This is a legal work delimited in the line of international environmental law which is the line of the doctorate, so obviously we will talk about the Federal Constitution, national legal rules, but we will also bring international documents to light. In such a way that the objective of the work is to demonstrate if international legal documents, therefore, not only the norms of hard law, but also of soft law, - to demonstrate if such international documents can protect and assure the existence of the traditional peoples and the preservation of the environment. As a hypothesis to verify that this objective is met, we will analyze whether, in addition to the Legislative, Executive, and Judiciary of Brazil, including the Public Prosecutor's Office, debates in international society, the decisions of international courts and international law are capable of protecting and ensuring the existence of these traditional peoples and the preservation of the environment. Therefore, in the first chapter we will talk a little about ecology, environmental ethics and biocentrism. In the second chapter, we will deal with traditional peoples in Brazil, bringing population data, characteristics, location, to better understand who these people are and what rights and public policies are addressed to them. In the third chapter, we will present some challenges experienced by traditional peoples and communities, such as agriculture, intellectual property of traditional knowledge, and the issue of environmental licensing of undertakings that affect them in some way. In the fourth chapter, entitled International Law and the protection of traditional communities and peoples and the intangible heritage that they carry and represent, we will bring a series of international documents that deal with the protection of their ways of doing, living and acting. Finally, in the last chapter, case law of some of the main and most relevant themes discussed in the thesis will be discussed, such as, for example, the question of the dominance of the occupied lands.