Navegando por Assunto "Indigenous territories"

Agora exibindo 1 - 2 de 2

Acesso aberto (Open Access)
A natureza como sujeito de direitos no sistema interamericano de direitos humanos
(Universidade Federal do Pará, 2023-03-02) TEIXEIRA, Marcos Wagner Alves; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
The present work seeks to demonstrate the evolution of the protection of nature, from the first letters of civil and political rights, reaching the decisions of the Inter-American System of Human Rights, especially of the Inter-American Court of Human Rights (Court IDH), to verify if in the Jurisprudence more of the Inter-American System of Human Rights, Nature is considered a subject of rights. For this purpose, the jurisprudential analysis of 9 (nine) cases judged by the Inter-American Court from 2001 to 2018, related to traditional communities and environmental protection, was used. The methodology used was qualitative-quantitative, through a literature and document review, as well as an empirical study of the IDH Court jurisprudence. Initially, we sought to carry out an analysis of the ethics of Nature, thus contributing to it from an anthropocentric, biocentric and ecocentric perspective, and the points of contact between the various theories. Next, we began to study the evolution of constitutionalism in Latin America, with emphasis on the constitutions of Ecuador and Bolivia, placing Nature on another level by protecting it constitutionally and legally as a subject of law. When investigating the protection of the environment in the international scenario, more specifically in the Inter-American System of Human Rights, we analyzed Advisory Opinion nº 23/2017, since it establishes parameters for the System in environmental protection. We verified that, in a way, the protection of nature is also present in the decisions of the Inter-American Court, not by chance, the environmental preservation, even in a reflexive way, started to have shelter in the System, in the protection of the indigenous territories and of traditional communities. In view of the interrelation of these with tangible and intangible assets, to conclude that despite Advisory Opinion No. 23/2017 it was established that the natural path would be for Nature to recognize the status of subject of rights, the decisions do not conclude from this way, bringing it closer to an anthropocentric vision with socioenvironmental concerns.
Acesso aberto (Open Access)
Restauração de paisagens culturais: cosmovisão das populações indígenas e áreas prioritárias para restauração florestal no Mosaico Gurupi
(Universidade Federal do Pará, 2021-09-24) MIRANDA, Magda Valéria Corrêa; FORLINE, Louis Carlos; http://lattes.cnpq.br/2964073071859917; https://orcid.org/0000-0002-9790-0982; MARTINS, Marlúcia Bonifácio; http://lattes.cnpq.br/8882047165338427; https://orcid.org/0000-0003-4171-909X
While deforestation results in huge losses, restoration of these spaces reestablishes connections between living beings and carries out a profound cultural rescue. Therefore, this research aims to analyze the connections established between the modeling performed for prioritizing areas for restoration and their local reinterpretation in terms of indigenous territoriality and cultural vulnerability, thus highlighting the social side of restoration. The study area (13,000, 032.79 ha) was delimited around the “Mosaico Gurupi” region (1,799, 639.32 ha), the main intact forest remnant of the Belem Endemism Area (AEB), overlapping the states from Para and Maranhão. This research embraced ethnographic elements of the indigenous populations that live in that region (Awa-Guajá, Ka’apor, Tembé and Guajajara) as well as ecological and social criteria, which were analyzed through multicriteria modeling using the Analytic Hierarchy Process (AHP) technique as a tool to define priority areas for restoration. Indigenous perceptions were also included with translations from the indigenous languages of the participating ethnic groups of some recurring terms in this theme. Most of the protected areas presented areas of highest priority in multiple scenarios, increasing the probability of natural regeneration. There is no area of highest priority coinciding with the three scenarios, which would represent the greatest possible chance of restoration success for the study area, as it would jointly meet different restoration objectives. In the study area, 17,354.07 ha were classified as a very high ecological demand for restoration in addition to highest probability of natural regeneration (scenarios 1 and 2), and in this same region 4.77 ha were classified as highest probability of natural regeneration and highest cultural benefit (scenarios 2 and 3). Until 2019 the study area as a whole had 9,536,772.37 ha (73.33 %) of its area deforested (subject to restoration) and the Mosaico Gurupi had 357,462.8 ha (19.86 %) deforested, demonstrating the great need for restoration in the region. It is therefore recommended to start restoration in areas of the highest priority in terms of cultural benefits in the Mosaico Gurupi, where the probability of natural regeneration is greater and where the main stakeholders, the indigenous population, are committed to restoration measures as well as involving other actors.