Navegando por Autor "SHIRAISHI NETO, Joaquim"

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Acesso aberto (Open Access)
Babaçu livre e queijo serrano: histórias de resistência à legalização da violação a conhecimentos tradicionais
(2014-06) PORRO, Noemi Sakiara Miyasaka; MENASCHE, Renata; SHIRAISHI NETO, Joaquim
This article is about experiences carried out by communities whose ways of life generate and sustain traditional knowledge, in contexts of incorporation of international conventions into the Brazilian juridical system. Case studies on babaçu breaker women, in the State of Maranhão, and Serrano Cheese producers, in the State of Rio Grande do Sul, reveal the meanings of the tradition imbued in the knowledge to be protected. Empirical data analyzed under juridical and anthropological perspectives elicit, in spite of the apparent progress in the legislation, threats to multiple dimensions of ways of life grounded on traditional territories. Without effective, immediate and integral application of the ILO Convention 169, current initiatives of implementation of conventions and laws related to traditional knowledge may have opposite results. We conclude that traditional communities resist illegal appropriation of their knowledge, while interested private sectors search for the support of the rule of law to legitimize plundering.
Acesso aberto (Open Access)
Local judicial practices in a Quilombola territory in Marajó, Pará, Brazil
(Redfame Publishing, 2021-09) CARDOSO, Luís Fernando Cardoso e; SHIRAISHI NETO, Joaquim
This article analyzes the socio-judicial organization of a Quilombola community in the state of Pará, Brazil. Using a pluralistic judicial systems approach, we seek to understand how Quilombolas define who has local land rights and to what capacity they can use the territory. The analysis was based on ethnographic field research in the community of Bairro Alto, on Marajó island, in Pará state, Brazil. Methods included: participant observation, interviews and questionnaires. The results showed that order in the territory is maintained through local judicial practices constructed during land occupation processes, and later reorganized on the basis of social relationships involving large-scale farmers, ranchers, neighboring Quilombola communities, and the State. Judicial tenets, intrinsic to the community, guide residents’ current land struggles where they are fighting to restore lands expropriated by ranchers that pertain to their original territory. Local legal practices converge with principles of article 68 of the Federal Constitution, making possible the correction of historical injustices related to land struggles in Quilombola communities.