Conflito jurídico - institucional e socioambiental na comunidade Porto Capim - João Pessoa - Paraíba.

Abstract

The socio-environmental legal-institutional conflict allows the community of Porto do Capim, in the city of João Pessoa, Paraíba, Brazil, by occupying an area for more than 70 years and it has to be relocated for the construction of an event square with the justification of the City Hall Municipality of João Pessoa to revitalize the area on the banks of the Sanhauá River, which is invaded. The Community of Porto do Capim seeks recognition as a traditional community, as indicated by anthropological expertise, in order to have the right to choose where to live, in accordance with the provisions of

Convention no. 169 of the International Labor Organization. This research used the hermeneutic- systemic method to analyze the socio-environmental legal-institutional dimensions of the conflict. The

results found show that the official maps do not show that the territory of the community of Porto do Capim and the streets are not named. Furthermore, it was found that the traditional community does not degrade the environment at the same rates as the common population, since they are socially, culturally and economically dependent on natural resources and always act with a view to recovering the area; Degradation may even occur due to lack of implemented public policies, perhaps on purpose to pressure territorial change. Furthermore, the museums and archives of the city of João Pessoa have no record of the growth and occupation of the Porto do Capim community. Legally, there are laws that can be applied by giving a non-restrictive interpretation. However, in Brazil, there is no specific law to define traditional communities and other matters, such as territorial law. In addition, the municipal administration started to officially and more intensively report the revitalization process only three years after the beginning of the conflict. It is concluded that there is a need for a specific law so that traditional communities are not dependent on the non-restrictive interpretation of legal operators as well as the correction of official maps, names of streets to give visibility to the community of Porto do Capim and recognition traditionality in order to guarantee their right to choose, as stipulated in Convention 169 of the International Labor Organization.