Geodireito dos territórios tradicionais: uma proposta normativo-metodológica como instrumento de visibilidade dos Povos e Comunidades Tradicionais no Estado do Pará

Abstract

The main objective of this research is to analyze how a critical normative-methodological proposal, which is named the geo-law of traditional territories, can guarantee the visibility of territorial rights of Traditional Peoples and Communities (PCTs) in the State of Pará. The specific objectives are: to present the bibliographic review on Geo-law in the international and Brazilian national scope as well as the importance of realizing the intersection between Geography and Law, especially in disciplines such as Constitutional, Urban, Agrarian, Land, Environmental and Socio-environmental Law; to discuss the concept of traditional territories, from an anthropological (who are the subjects), legal (what is) and geographical (where are they) perspective; to presente the proposal of a geojuridical methodology of traditional territories, indicating the geographical and legal premises to be used. This research aims to confirm the hypothesis that, given the delay in the official recognition of the territorial rights of PCTs, geo-law, based on a critical methodology, can assist in the elaboration of a norm that guarantees the visibility of these territories, and that can assist in their recognition by the State. Geo-law is used as a technique, based on the geoprocessing of geospatial data of traditional territories made available on official websites, as well as epistemology, adopting Critical Legal Geography as a foundation, based on legal pluralism and social and participatory cartography, in order to present this proposal. It is concluded that, based on principles such as the selfdetermination of PCTs, the right to geoinformation as an instrument of citizenship, interoperability among different geographic information systems and the use of participatory mapping, it is possible to construct a norm that regulates art. 21, item XV of the 1988 Constitution of the Federative Republic of Brazil (CRFB/1988), in accordance with articles 215 and 231 of the CRFB/1988, article 68 of the ADCT, ILO Convention 169 and Federal Decree 6.040/2007, in order to establish the Geographic Information System for Territories of Traditional Peoples and Communities (SIGTPCT). As far as the methodology is concerned, given the different categories of traditional territories that have already been recognized and are in the process of being recognized, it is important for the proposal to be general at first, and for specific elements to be developed taking into account the experiences of the communities themselves.