Examining overlapping quilombola territories and conservation units in Jalapão, Brazil : a legal perspective

Leonardo Matheus Barnabé Batista

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This study specifically focuses on the territorial conflicts generated by the overlap between the territory of Quilombola communities in the Jalapão region, in the state of Tocantins (Brazil), and four conservation units that currently overlap with these Quilombola territories.
The analysis of the land conflict is structured into three essential parts: first, a social mapping of Quilombola communities in the region, based on information extracted from reports published in the Cartography Social Bulletin No. 05 of December 2016, exposing perspectives on the overlap and maps developed in collaboration with the communities; second, an analysis of legislation on specially protected areas in relation to the environmental currents that underlie the types of Conservation Units provided for in Law No. 9,985/2000 and the emergence of socio-environmentalism as an alternative to classical models of environmental protection; and third, a debate on the territorial rights of Quilombolas in the face of overlap with Conservation Units, addressing the challenge of rethinking the dichotomy between nature and culture through legal analysis of Quilombola territorial rights in the face of environmental protection policies implemented in the creation of Conservation Units.

ISBN

978-65-81399-57-3

Ano da edição

2023

Nº Edição

1

Páginas (versão impressa)

122

Editora

Dom Modesto

NCM

49019900

Sumário

1. Social Cartography in the Jalapão Region, State of Tocantins
1.1 Historical Accounts of the Quilombolas in the Jalapão Region
1.2 The Quilombola Territorial Vision in the Face of Overlapping with the Creation of Conservation Units
1.3 The Social Cartography of Quilombola Communities in the Jalapão Region

2. Legal Regulation of Specially Protected Areas: A Socio-Environmental Perspective
2.1 Conservation Units and the Jalapão Region
2.2 The Debate Among Conservationist, Preservationist, and Socioenvironmental Theories
2.3 Socioenvironmental Rights in the Perspective of Constitutional and Agrarian Law

3. Quilombola Territorial Rights and Overlap With Conservation Units
3.1. Quilombola Land Rights and Constitutional Implications in Brazil
3.2. Prior Informed and Consultation and Public Consultation in Conservation Units
3.3. Quilombola Communities and Nature Conservation Units: The Constitutional Primacy of Quilombola Property

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