Banca de QUALIFICAÇÃO: Matheus de Andrade Bueno
Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.STUDENT : Matheus de Andrade Bueno
DATE: 25/07/2023
TIME: 14:00
LOCAL: Faculdade de Direito
TITLE:
KEY WORDS:
PAGES: 40
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:
This work builds upon the critical fortune amassed by the legal school of Law Found in the Street, especially the notions of collective subject, extralegality, and of the Street, conceived as a metaphor referring to the public space in which the invention of rights is promoted in the context of a legitimate social organization of freedom.
Just as Law Found in the Street considers it feasible to constitute (invent) rights without the need for the mediation of normative texts emanating from state power, this work focuses on extralegality as a potential field for the deconstitution of rights, using the notions of "destruction from within" or "termite infestation" as factors of institutional erosion.
These aspects mainly result from deconstitutional practices, without the attack on fundamental rights necessarily passing through normative changes in the parliamentary arena, with the consequent reduction of spaces for transparency and deliberation.
The research hypothesis is that the reconstitution of attacked rights in the Brazilian Amazon can be promoted by social mobilization, especially of the affected collective subjects. In this context, the category of forest peoples, coined by Eliane Brum, is employed, which translates the inseparable relationship between traditional peoples and nature, in opposition to the people of the commodity, to which Davi Kopenawa alludes.
The research focuses on the Brazilian Amazon, a historical but also recent stage of practices that violate fundamental rights and systematic silencing and environmental racism. More specifically, the work highlights the case of the Belo Monte Hydroelectric Plant, an emblematic episode capable of depicting that authoritarian views in the context of the Brazilian Amazon constitute aspects that date back to the colonial era, traverse the era of the business-military dictatorship, and even reach progressive and democratic governments, revealing the indispensability of society itself having means to confront these deconstitutional practices.
The Belo Monte HEP motivated the establishment of the Xingu Regional Sustainable Development Plan (PDRS-X), with the implementation of a collegiate body composed equally of state and non-state members with the authority to evaluate projects and allocate 500 million reais.
The research aims to analyze the institutional arrangement of the collegiate body and its functioning, correlating the initiatives (state, civil society in general, and forest peoples) and allocation (general primary public interest, secondary public interest, and forest peoples). The hypothesis is that the forest peoples' performance in the body translates the presence of nature itself as a collective subject in the collegiate body, which is inferred from the project allocations and the inseparable relationship between traditional peoples and nature. The state members would play a role focused on the bureaucracy's own cost (secondary public interest) or, at most, the general primary public interest, using the PDRS-X as a simple resource enhancer without necessarily being linked to the defense of forest peoples.
Thus, the PDRS-X would be a relevant episode of institutional experimentation that could legitimize forest peoples occupying power spaces directly as a form of confronting deconstitutional practices of rights in the Brazilian Amazon.
COMMITTEE MEMBERS:
Interno - 2300296 - CRISTIANO OTAVIO PAIXAO ARAUJO PINTO
Presidente - ***.173.968-** - JOSE GERALDO DE SOUSA JUNIOR - UnB
Interno - 321346 - MENELICK DE CARVALHO NETTO
Externo à Instituição - MIGUEL GUALANO DE GODOY