REGULARIZATION OF AREAS OF TRADITIONAL USE OVERLAPPED BY CONSERVATION UNITS (UCS)
The coordination for issuing official documents, such as Sustainable Use Authorization Terms (TAUS) and Real Right of Use Concession Contracts (CCDRU), or for signing terms of commitment between local communities and Conservation Units (UC), must be carried out in accordance with the specific reality of each location. The objective is to establish clear rules for coexistence and permanence, balancing traditional ways of life with environmental conservation and promoting socio-environmental justice.
PROBLEM SOLVED
The multiplicity of uses and the high population density in a geography marked by the proximity of the mountains to the sea generate conflicts in various areas on the southern coast of Rio de Janeiro and the northern coast of São Paulo. Tourism and real estate speculation are the main elements of conflict in traditional communities, threatening to expel families from their territories. The pressure to develop tourism infrastructure and increase the value of coastal lands attract investors and businesses that often disregard the rights of these communities, resulting in gentrification processes and alleged incompatibility with the rules of Conservation Units (CUs). These rules often do not take into account the traditional ways of life and cultural practices of the Caiçara communities, creating a scenario of socio-environmental injustice. The solution implemented involves the recognition of the territorial rights of traditional communities, the participatory management of CUs and the formulation of inclusive public policies, promoting socio-environmental justice and ensuring harmonious coexistence between different uses and occupations of the coastal zone.
SOLUTION ADOPTED
The Sustainable Use Authorization Term (TAUS) is an innovative instrument for resolving conflicts between traditional communities and other agents, focused on the land regularization necessary to promote fairer and more sustainable paths. The TAUS recognizes housing and the use of natural resources aimed at maintaining ways of life as fundamental rights, guaranteeing possession and eliminating the exploitation of traditional communities by would-be landowners, in addition to strengthening the community.
Based on socio-environmental conflicts territorialized in the communities and reported by them, whose resolution or transformation can be facilitated with the support of the Bocaina Observatory of Sustainable and Healthy Territories (OTSS) in defense of traditional territory, a process of dialogue with the community begins. This process includes the construction of technical subsidies, possibly in partnership with the Federal Public Ministry (MPF), to prove the traditional and sustainable use of the lands.
Due to the increasing number of conflicts reported to the Traditional Communities Forum (FCT), a strategy of carrying out joint efforts was established as a way to guarantee the permanence of traditional territories and prevent conflicts. In order to carry out these joint efforts, it is necessary to develop institutionalized operational procedures that democratize this land regularization tool, contributing to the resolution of conflicts.
RESULT ACHIEVED
The implementation of the Sustainable Use Authorization Term (TAUS) and the joint efforts strategies resulted in several significant advances for traditional communities. First, there was a significant rapprochement between traditional communities and the Secretariat of the Union Heritage (SPU). This closer relationship facilitated communication and cooperation, allowing the needs and rights of communities to be better understood and met. The SPU began to recognize and value traditional ways of life, promoting more inclusive and participatory management of territories.
In addition, the support of the Federal Public Prosecutor's Office (MPF) was crucial to the validation and defense of the rights of traditional communities. The MPF acted as a strategic partner, providing legal and technical support to prove the traditional and sustainable use of lands. This collaboration strengthened the position of communities in land regularization and conflict resolution processes, ensuring that their voices were heard and respected.
The implementation of the TAUS and the holding of joint efforts provided greater legal security for traditional territories and their practices. Communities now have legal guarantees over their land tenure and the right to use natural resources sustainably. This not only protects communities from exploitation and eviction, but also ensures the continuity of their ways of life and cultural practices.