It analyzes the right to the territory of Traditional Populations, which includes
Indigenous Peoples, Quilombolas and Traditional Communities, under the perspective
of Bem Viver. Thus, in order to better understand the topic mentioned above, we
analyzed the decisions of the Inter-American Human Rights System (SIDH), the
jurisprudence of the Inter-American Court of Human Rights (CorteIDH) in the
application of the concept of recognition of the territorial right of vulnerable groups,
specifically indigenous peoples and from traditional communities. Concomitantly, some
cases involving the rights of traditional communities were studied within the scope of
the Regional Court of the 1st Region (TRF1), especially those contextualized in the
Legal Amazon, which deal with sensitive issues such as violation of the right to prior,
free and informed consultation, environmental licensing and excessive delay in
demarcating traditional territories. The general objective of this research is to analyze
the decisions of the SIDH in relation to the protection of the territory of traditional
Brazilian populations in the use of their natural resources in order to verify or not
whether the Brazilian State adapts its legal system to the standards of international
protection of Human Rights. As a theoretical framework to understand the themes of
traditional territories and traditional peoples and communities in the context of the
Amazon, we carried out a critical analysis of the territory (ARRUDA, 1999; ALMEIDA,
2004; BENATTI, 2003 and 2018; CUNHA and ALMEIDA, 2001; HAESBAERT, 2003;
MOREIRA, 2017; SANTILLI, 2005; TRECCANI, 2006 and 2019) and we analyzed the
cases judged by the SIDH on the right to the territory of traditional populations
(RIBEIRO, 2014). In the jurisprudential research, we used the teachings of the author
Eliane MOREIRA (2017) and the authors BENATTI (2003, 2011, 2015 and 2018) and
TRECCANI (2006 and 2019), with regard to the SIDH, the lessons of Cristina RIBEIRO
(2014), and in relation to the theme of Good Living, understood as an idea still under
construction, an alternative to a new model of life, a platform to restructure democratic
standards, which helps to find solutions to the problems of humanity, the discussion
carried out was used by ACOSTA (2009; 2016), ELBERS (2015), GUDYNAS (1995;
2011), KRENAK (2020), HUANACUNI MAMANI (2010) and QUIJANO (2012). The
methodology includes the hypothetical-deductive approach method, indirect
documentation research techniques, both bibliographic and documentary, the type of
research in relation to descriptive objectives, the approach is qualitative and
quantitative, the procedures are documentary, bibliographical, jurisprudence and
decision analysis. The analysis brought data that confirm that Bem Viver is an
alternative to promote the way of life of traditional peoples and communities, respecting
their cultural identity and safeguarding their life project in accordance with their
cosmovision, as well as the CorteIDH has advanced in relation to the protection of the
traditional territories of indigenous peoples and traditional communities, with the
application of an expanded interpretation of the property right provided for in art. 21 of
the ACHR (American Convention on Human Rights) and the invocation of other
international instruments of protection, in particular Convention 169 of the ILO
(International Labor Organization). Despite the efforts of the Inter-American Court, it is
noted that within the scope of national States that are subject to its jurisdiction, as is
the case in Brazil, there is formally a system for the protection of territorial rights, but it
is not effective. The TRF1 data demonstrate that the obstacles to the recognition of the
rights of traditional populations are related to problems of excessive delay in the
processing of processes, non-compliance with prior, free and informed consultation
and authorization for environmental licensing in disagreement with the relevant legislation. Therefore, it is imperative that States comply with the international
obligations they have assumed by signing international treaties and conventions.
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