O Direito à consulta e consentimento prévio, livre e informado na construção de resistências: a elaboração do protocolo comunitário autônomo de consulta como instrumento de garantia de direitos fundamentais na Comunidade Quilombola de São José de Icatu - Baião/PA

Abstract

In response to the secular movement of occupation and exploitation that energizes Traditional Peoples and Communities in the Amazon, these groups' great activity was to appropriate more legal and normative instruments to add to their struggles and resistance. In this context, the Quilombola Community São José de Icatu stands out, located between the municipalities of Baião and Mocajuba, in the region of Baixo Tocantins, State of Pará; as being today an example of mobilization and social organization for the surrounding communities. In this sense, Convention 169 of the International Labor Organization has been the instrument that most stands out in the current scenario faced by them, it was through the knowledge of the right to Consultation and Prior, Free and Informed Consent - CCPLI, that they began to recognize the importance of their culture and the guarantee of fundamental rights; which motivated the elaboration of the Autonomous Community Protocol for Prior Consultation and Consent; being the first Quilombola community in the region to have this initiative. Thus, this paper seeks to understand, from the understanding of the community of São José de Icatu, how the right to Free, Informed Prior Consultation and the process of elaboration of Consultation Protocols could be considered an instrument to guarantee fundamental rights of the Quilombola Community against the threats of the development process, despite the link between heritage and occupation, as a symbolic and political construction in the unity of the group over time. To this end, research was carried out using interdisciplinary methods, at different times, first by conducting a conversation circle in an event held in the community in 2019, and the second by semi-structured interviews, in 2021; supported by the analysis of bibliographic and documental data. So, we conclude that the community recognizes in the CPLI an instrument to guarantee rights, as well as the expectation of the effectiveness of a legitimate document, which meets the internal demands and cosmovision of its subjects, in the elaboration of the Consultation Protocols, even though there are political and institutional barriers that try to make such effectiveness unfeasible. This way, community members consider both instruments as means capable of solving external and internal demands and conflicts, adding to the defense of their culture, territory, and rights, and contributing to the struggle for resistance and existence of this community.