Banca de DEFESA: URSULA GONCALVES THEODORO DE FARIA SOUZA
Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.DISCENTE : URSULA GONCALVES THEODORO DE FARIA SOUZA
DATA : 29/03/2019
HORA: 18:00
LOCAL: EMERON
TÍTULO:
Madeira River Communities and Hydroelectric Power Plants: Traditional Community and Judicialization
PALAVRAS-CHAVES:
Traditional Community. Riverine. Unacknowledged Speech. Hydroelectric Plants. Rio Madeira.
PÁGINAS: 170
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:
The riverine communities of the Madeira River were directly affected by the construction of the Santo Antônio and Jirau hydroelectric power plants on the Madeira River, which resulted in intense judicialization of individual conflicts. The present study aims to analyze the assimilation of the interdisciplinary concept of traditional community to the riverines, in the conflicts judicialized against hydroelectric plants. In the research was adopted a qualitative and quantitative approach, of an applied nature, with an exploratory and descriptive objective, through a bibliographical, documentary procedure, data collection through field work and semi-structured interviews. Based on the bibliographical and documentary research on the interdisciplinary concept of traditional community, based on philosophy, anthropology, sociology and geopolitics, the international and national legislation regarding the traditional community as well as the Amazonian states were analyzed, as to the applicability of the concept to the riverside. Next, we analyze the legal vulnerability and representativeness of the riparian people, as a traditional community. From this point onwards, the incorporation of the concept of a traditional community into the judgments and decisions of the Superior Courts, verifying whether this concept was linked to the riverine community. In order to ascertain the relationship of the riverside inhabitants to the traditional community, in the legal discourse, based on the magistrates who worked in the generic civil courts of Porto Velho (RO), a perception survey was carried out on these actors, and then the discourse analysis of the processors civil matters. It is concluded that the application of the interdisciplinary and complex concept of traditional community to the riverside communities requires the sensitization and training of the procedural subjects (magistrates, lawyers, members of the Public Prosecutor's Office and of the Public Defender) to safeguard the peculiarity and the rights of the the cosmological and systemic life of the communities, even in the individual actions pulverized, so as not to further disaggregate the affected communities, proposing the improvement of the legislation to clarify the linking of riverside communities with the same tradition already recognized for indigenous and quilombola communities.
MEMBROS DA BANCA:
Presidente - 2374782 - RICARDO GILSON DA COSTA SILVA
Interno - 1109299 - DELSON FERNANDO BARCELLOS XAVIER
Interno - 396841 - MARCO ANTONIO DOMINGUES TEIXEIRA
Externo ao Programa - 2666681 - MARIA MADALENA DE AGUIAR CAVALCANTE