A afirmação do direito fundamental aos espaços territoriais ancestrais e livre apropriação dos recursos naturais como forma de garantir a sobrevivência física e cultural das comunidades tradicionais

Abstract

The mixing of three primary races - India, black and European, originating the Brazilian people, emerged the so-called people and traditional communities; a different category of individuals who had and has in dealing with the land they inhabit the customary form an inseparable relationship of belonging responsible for forming their identities, as well as guide the process of self-determination and national affirmation. Their rights have constitutional seat, in the social order, and the affection of the same dispenses primarily of property guarantee of their territorial spaces ancestors and free enjoyment of the available natural resources, which is a fundamental prerogative, legal and factual, which must be affirmed for their physical and cultural survival. Accordingly, this monograph addresses the need to ensure, in the midst of identity disintegration process accelerated by urbanization, globalization and frank capitalist expansion in the field, ownership and free enjoyment of their ancestral lands as the only effective mechanism to preserve the fundamental rights of traditional communities