Regularização fundiária e direito ao território: tradicionalidade da comunidade Jatuarana como fundamento para a concessão de direito real de uso

Abstract

The theme of this research project to obtain the title of Master in Law by the Graduate Program in Constitutionalism and Rights in the Amazon, research line of state institutions and socio-legal pluralities, deals with the human right to housing in the Jatuarana riverside community as a foundation ownership, from the recognition and legitimation of ownership of the Riverside Community Jatuarana conferred through the institute of the Concession of Real Right of Use (CDRU). Land problems are intertwined with the history of Brazil, which is the root of the common problem faced for decades: land identification. This problem branches into two, bearing in mind that it is often not possible to delimit a space and, when it is possible, it is difficult to identify its owner. It is necessary to seek to understand how rural land regularization, through the Concession of Real Right of Use, gives the Jatuarana community much more than the recognition of ownership, but ensures the right to recognize themselves as a different people in their own way and with rights for the which fight to have their local culture alive and active, supported by the law. It will explore the possibility of Human Rights conventions serving as parameters for legitimizing the ownership of traditional communities, both autonomously and in a subsidiary manner, and in this way contributing to the solution of land conflicts and the peaceful reintegration of property, respecting the subjectivity of each original community and guaranteeing them the security and dignity of land use. The general objective of the research is to analyze how the processes of territorialization give communities identity with the territory, obtaining a practical understanding of their impact on the reality of vulnerability of residents adhering to the institute in terms of their cultural subjectivity. Breaking down into the following objectives: Examine land regularization in the Brazilian legal system in its objective and theoretical aspects from the perspective of the right to territory through the tradition of possession; To present, in the light of the international conventions of Human Rights and recommendations of International Organizations, the aspects of the Rural Land Regularization from the recognition of the traditionality of the community; Analyze the process of land regularization from the recognition of the traditionality of traditional communities – with a focus on the Jatuarana community – and the situation of vulnerability of the community if not supported by the Concession of Real Right of Use (CDRU) institute. The research will be carried out from a process of search and inquiry through the methodology of case study in order to make a critical evaluation of the use of the Concession of Real Right of Use as guarantee of the recognition of the possession of the community in study and the possibility the application of the same institute in communities that suffer from the same type of land conflict in the Amazon, with an interdisciplinary approach, seeking elements in society for the correct understanding of the land regularization process under study and its repercussions for public and environmental policies . Thus, with the dialogic method associated with the case study methodology, a connection will be established between some branches of applied social sciences.