Terra pública, posse coletiva: REDD+ e as consequências jurídico-financeiras na relação estado-comunidade

Abstract

This dissertation investigates the legal and financial consequences of the relationship between the State and traditional communities in areas of public domain and collective ownership, in the context of carbon valorization through private REDD+ projects. The study is based on the recognition, by the 1988 Constitution, of the importance of collective access to land for traditional communities in the Amazon, which have historically occupied public lands and faced land conflicts. Collective land regularization, especially through the Concession of Real Right of Use (CDRU), strengthens the exclusive usufruct of these territories, without transferring state ownership, and protects sociobiodiversity and traditional ways of life. With the rise of the carbon credit market and the implementation of REDD+ projects in public areas, challenges arise regarding the ownership of credits, and, based on property rights, questions arise about the legal and financial consequences arising from the relationship between the State and traditional communities in these areas. Based on a bibliographic systematization of theoretical and legal content, the dissertation demonstrates that, although land ownership remains with the State, the CDRU guarantees traditional communities the right to use and enjoy resources, including the generation and commercialization of carbon credits, legally recognized as civil fruits. The work highlights the need for shared governance, transparency, respect for community autonomy and social participation, to avoid the commodification of territories and ensure that the environmental and financial benefits of REDD+ projects are reverted to the communities. It concludes that the effectiveness of these mechanisms depends on institutional strengthening, recognition of territorial rights and the integration of public policies that promote sustainable development, environmental conservation and the appreciation of cultural practices in the Amazon.