Gestão de áreas protegidas: instrumentos para implementação dos direitos socioambientais nos parques brasileiros marinhos costeiros
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Tipo
Dissertação
Data de publicação
2018-08-15
Periódico
Citações (Scopus)
Autores
Lima, Nathalia Fernandes
Orientador
Silva, Solange Teles da
Título da Revista
ISSN da Revista
Título de Volume
Membros da banca
Almeida, Silvio Luiz de
Leuzinger, Márcia Dieguez
Leuzinger, Márcia Dieguez
Programa
Direito Político e Econômico
Resumo
The protection of the cultural and natural heritage and their assets gain a biocultural perspective based on the Convention on Biological Diversity, which adopted as a strategy for the conservation of biodiversity the creation of a system of protected areas. As a signatory and a party to this international convention, Brazil has assumed in situ conservation obligations, among which establishing a system of protected areas. Thus, the National System of Conservation Units (Law n. 9,985/00) was introduced as part of the normative framework that regulates the creation of Specially Protected Territorial Spaces. Here we analyzed notably the conservation units, specifically those that do not admit the direct use of the natural resources and predict that the traditional populations residing within their limits should be reallocated. However, until it is possible to carry out that resettlement, the Public Power can adopt actions aiming to reconcile the permanence of these populations with the purposes of the unit. Our objective was to analyze the solutions adopted by the management organs of the state and federal integral protection conservation units. First, we conducted an exploratory research using the Citizen Information System to raise the cases of overlapping conservation units with integral protection to traditional lands and territories. After this step, we made a cut in the research object to analyze the Park category, opting for the empirical research methodology and applying the documentary research method in the field of official public documents, namely, the management plans of federal and state parks approved and made available on the websites of ICMBio as well as of the State Secretariats of the Environment (SMA) from all federative entities. This research was carried out to analyze three coastal marine parks that presented innovative solutions from a socio-environmental and biocultural point of view, regarding the protection of natural and cultural heritage (material and immaterial) and the recognition of traditional lands and territory in the management of protected areas. We can see that the number of solutions is greater than the resettlements, being diverse and sometimes having different compositions, as regards the combinations between the legal instruments used. In addition, this diversity of solutions was identified when we separately analyzed those adopted in the cases of overlapping parks with indigenous lands, quilombolas and traditional communities, which may indicate the influence of the legal regime of recognition of territorial rights that differs for each of these peoples and communities. Finally, the performance of the federal scope is not always reflected on the state scope, but we were able to identify which solutions predominate in each of the spheres.
Descrição
Palavras-chave
áreas protegidas , patrimônio cultural , bens imateriais , terras , territórios tradicionais
Assuntos Scopus
Citação
LIMA, Nathalia Fernandes. Gestão de áreas protegidas: instrumentos para implementação dos direitos socioambientais nos parques brasileiros marinhos costeiros. 2018. 115 f. Dissertação (Direito Político e Econômico) - Universidade Presbiteriana Mackenzie, São Paulo.