AS COMUNIDADES TRADICIONAIS E A LUTA POR DIREITOS ÉTNICOS E COLETIVOS NO SUL DO BRASIL

Abstract

In the south of Brazil, specially in Parana and Santa Catarina, the social invisibility is something historical to the people and traditional communities in front of society. The recognition of rights by these groups that came from the articulation and organization of themselves, beyond of not being seen before, by realization of many collective actions, have been generated new paradigms in juridical field. This “invisibility” of people and traditional communities have, historically, resulted in the implementation of public policies in which are founded proccesses like agrarian exodus, the growth of slums in the urban centers, the increase of poverty and the enviromental degradation of traditional territories. There are positivized laws in the national legal system, as on international, that are used to guarantee fundamental rights of people and traditional communities. One of the ways of utilization of these laws is called “positivism of battle”, being started a fight to prevail the rights of subaltern groups. It is also questioned the construction of Law with an individual and formalistic optical, that difficults the recognition of collective and plural rights. Today, despite of liberalism being the paradigm of juridical science, the Law is insert in the social practices, product coming from dialectical of a praxis produced day by day, alike stimulated by the traditional communities.