Protocolos de consulta e planos de gestão territorial e ambiental dos povos indígenas : análise a partir do pluralismo jurídico e do princípio político do Comum

Abstract

This work deals with consultation protocols and territorial and environmental management plans, which are legal documents produced by indigenous peoples. These documents are important instruments for defending the substantial rights of indigenous peoples and are linked to a movement to expand the participation of these peoples in public debate. Consultation protocols and territorial and environmental management plans are analyzed based on the theoretical contributions of legal pluralism and the political principle of the Common: a subsumption is made between the theoretical contributions and the decentralized legal documents of indigenous peoples. This research examines the potential of legal pluralism and the Commons to increase democracy, in the sense of giving indigenous peoples a voice. It seeks new forms of deliberation and decision-making that give prestige to the people affected/involved in the practice, to the detriment of majorities. The general objective of this work is to analyze consultation protocols and territorial and environmental management plans in order to verify to what extent they can be considered expressions of legal pluralism and the political principle of the Commons, in a historical context of rupture with the integrationist paradigm, with the purpose of demonstrating the importance of these autonomous documents for increasing the democratic participation of indigenous peoples. The work was developed in monographic form, using bibliographic reviews, with support from doctrine, jurisprudence, articles, and documentary analyses of consultation protocols and territorial and environmental management plans. The method used was hypothetical-deductive. It is concluded that legal pluralism and the political principle of the Commons are privileged theoretical contributions to understand the movement of increased political participation of indigenous peoples observed after the emergence, at the international level, of ILO Convention 169. Legal pluralism and the Commons establish symbiotic relationships with each other and favor renewed perspectives on indigenous participation, which cannot occur without respect for consultation protocols and territorial and environmental management plans. [resumo fornecido pelo autor]