O direito vivo na luta pela terra no Projeto de Desenvolvimento Sustentável Virola Jatobá em Anapu/PA

Abstract

This thesis aims to analyze and describe the different aspects of the concept of “living law”. This concept helps to understand the experiences undertaken by peasant households during the occupation, creation and implementation processes of the Virola Jatobá Sustainable Development Project in the municipality of Anapu, State of Pará, Brazil. During these processes, family units built and added, on the basis of their “living law”, different notions of land rights emanated from their social practices, which are often opposed from those of the formal law. In the process of occupation, the research highlights the social and legal practices of the leaders of social local organizations and the families of the first occupants of the area. By registering these practices, it is possible to abstract the notion of rights to of land for those who work on it. In the process of the formal establishment of the settlement, families began to take command of the PDS, through the constitution of an Association, which could negotiate claims on their behalf with the governmental institutions, particularly INCRA, and thus set up the notion of rights to land for those who work on it with relative authonomy. In the process of implementation of the PDS, families faced the execution of the community-based forest management project, which involved a process of negotiation between the government and families regarding the adoption of new working conditions. In this negotiation, the families built the notion of land rights for those who work on it with authonomy taking care of the forest.