Between the Economic, the Social and the Environmental: the Border of Diversity in Regularisation of Land in Brazilian Traditional Territories
Marucia Pereira Dos Santos Silva1, Renata Priscila Benevides de Sousa2, Rogério Fernandes Rocha3, Maria Izabel de Melo Oliveira dos Santos1, Luciana Ramos Jordão4, Thiago Henrique Costa Silva3
1Alves Faria University Center (UNIALFA), Law College; Public Policy and Agrarian Study and Research Group (GEPPA), Brazil
Brazilian policies for rural land regularisation aim to protect collective rights, establish criteria that guarantee the effectiveness of the constitutional right to housing and encourage sustainable development by mitigating the deficit of land. Considering the importance of this process, this study analyses the projects that propose changes in the land regularisation laws in Brazil and the risks that the changes can cause to the environment and to the traditional peoples that relate to the land as sacred, source of life and place of social reproduction. Advances in the democratisation of the land titling process of traditional populations are discussed, with mechanisms that protect collective rights in a participatory manner. A land policy without consultation with those involved can mean insecurity for the exercise of culture and the way of doing and living in the territories of the communities involved. The research procedures will be the bibliographic review, the documentary analysis of legislative projects in progress in the Brazilian National Congress whose themes are land tenure regularisation, traditional communities and sustainable rural development. An example is bill no. 510/2021 which provides for land regularisation in areas of the Union's domain, extending the regularized area to up to 2,500 hectares, with the elimination of the need for prior inspection of the area to be regularized, which can be replaced by a declaration by the occupier himself. Norms like these encourage the process of land grabbing, threatening traditional territories, and the process of deforestation for land use for grazing and production of commodities. Therefore, in order to discuss this reality, the historical-dialectical method is adopted, with the aim of rethinking the paradigms for Brazilian rural development. For this, an indirect analysis of data on the current Brazilian land tenure issue is made, relating it to the disruptive thoughts of critical researchers of rural development in Brazil, such as Antônio Carlos Wolkmer , Maria Cristina Vidotte Blanco Tárrega e Alfredo Wagner Berno de Almeida. It can be concluded that Brazilian norms disregard the diversity of subjects and ways of life of traditional peoples, stimulate land concentration and, consequently, increase Brazilian social inequality.
Keywords: Land Regularisation, Public Policies, Traditional Communities
Contact Address: Marucia Pereira Dos Santos Silva, Alves Faria University Center (UNIALFA), Law College; Public Policy and Agrarian Study and Research Group (GEPPA), Rua 24 Qd 60 Lt 04 Setor Santos Dumont, 74463680 Goiania, Brazil, e-mail: aruciasgmail.com