Ambiental da Lei nº 9.985, de 2000: instrumentos para o desenvolvimento sustentável e afirmação cultural das comunidades tradicionais

Abstract

The study that appears in the following pages aims to identify sources of monetary resources or other incentives to provide better living conditions to traditional communities. In other words, this composition seeks to list some economic mechanisms with significant potential for the realization of human dignity of such social groups through sustainable development, while respecting the way of life, traditional knowledge and culture. To understand the concept of traditional communities is therefore preliminary question to the correct understanding of the matter. For this reason, the composition dedicates a chapter to the concept of traditional communities, bringing Federal Constitution rules about this subject and the definitions found in laws and decrees. It also exposes the doctrine concepts, and, at the end of the chapter, a distinction between indigenous peoples, quilombola communities and traditional communities, in order to show the object of study. The next chapter deals with the payment for environmental services associated with the four forms on which these services may appear, namely, the conservation of biodiversity, preservation of water resources, carbon capture and storage, and scenic beauty. The analysis of each of these modalities considers the possible economic arrangements in which traditional communities may appear as providers of services and thus receivers of incentives or payments in return. And at the end of the chapter, the comments on art. 41 of Law No. 12,651/12 highlight the payment for environmental services. Finally, the last chapter still aims to identify vectors for sustainable development and cultural affirmation of traditional communities. On this track, it discusses possible ways of traditional communities be covered with funds from environmental compensation of Law No. 9,985/00, as seen in cases involving the extention of the project’s impact or when are compensated for resettlement outside of protected areas whose schemes are incompatible with human presence inside.