Populações tradicionais em unidade de conservação de proteção integral: limites e possibilidades

Abstract

The Federal Constitution of 1988 ensured the whole community the basic right to the environment healthy and balanced. To ensure the preservation of this right to the present and future generations, determined to Public Power, among other measures, the establishment of territorial spaces specially protected. Restricted to modify or delete these areas only by law, prohibiting any use that compromises the integrity of the attributes of these spaces. With the regulatory scope of the constitutional norm, the ordinary legislature established the National System of Conservation Units, dividing the special protection units in two groups, which are: full protection and sustainable use areas. At the first ones, it is only admitted the indirectly use of natural resources. Therefore, in principle, incompatible with the presence of traditional populations. Nevertheless, the Act Supreme warranted special rights for indigenous and quilombolas, especially in relation to their territories. These subjects must be taken into account in the draft settle of the controversy presented.