Rights to territory: recognition of social rights for populations traditionally occupy territories of nature conservation

Abstract

The research part of the reflection on the Law nº 9.985/2000 that established the National System of Conservation Units and regulating article 225, §1°, subsections I, II, III and VII of the Federal Constitution of 1988. In this framework, identified the set conservation units whose creation takes place by act of the Government, among which, those that do not allow the human presence, because of the preservation of nature, which implies the expropriation process that populations traditionally occupy those territories. In a literal interpretation of this device, there was a prevalence of environmental policies at the expense of traditional peoples, althought the guarantee of social rights has been established by Federal Constitution of 1988 and reinforced by Federal Decree n° 6.040/2007, which provide for rights of residence on the territory traditionally occupied. This article also included studies of concrete cases, national and international, and judicial decisions. At the end of this study it is stated that the creation of conservation units by Government based on socio-environmental conditions, other constitutional rights must be observed, recognizing that the rule is the maintenance of traditional populations over the territories they occupy.