THE CHALLENGES OF REALIZING THE LAND RIGHTS OF TRADITIONAL COMMUNITIES: THE CASE OF THE RIVERINE COMMUNITIES OF THE MID XINGU APP
As an appropriate measure of reparation for the compulsory displacement suffered by the 322 riverine families displaced from the Xingu riverbank for the installation of the Belo Monte hydroelectric dam, collective resettlement was agreed upon in the Território Ribeirinho. In order to contribute to the realization of the land rights of this community and make it possible to re-establish riverine livelihoods, this inductive-deductive research, insofar as it set out to analyze both the specific case based on general rules and the general rules based on the specificities of the riverine case, aims to understand the extent to which the land use planning instruments for traditional territories overlapping environmentally protected areas effectively guarantee the land rights of these communities. The partial results show that the constitutional legal framework provides for the land rights of traditional communities, but the historical resistance to changing Brazil's land ownership structure, which concentrates income and generates inequalities, has prevented the realization of social and theoretical advances, both in the infra-constitutional legislative process and in the implementation of public policies. This is because none of the instruments have proved capable of fully guaranteeing the rights of these peoples. The main reasons were the lack of legal security of tenure, the impossibility of autonomous management of the territory and the incompatibility of environmental standards with the livelihoods of these communitiesv