Researchs show that the traditional populations of the Amazon use wildlife, mainly as source
of animal protein, evidencing the importance that the theme has for the region. However, the
implementation of wildlife management actions is still very incipient in Brazil and one of the
bottlenecks is the legal issues involved with the theme. In Brazil, the Conservation Units
(CUs) that allow the sustainable use of natural resources are some of the best areas to study,
implement and evaluate sustainable models of wildlife management because of their socioenvironmental characteristics. Thus, this research had its focus on the study of the legal
aspects of use and management of wildlife by traditional populations in CUs, having as main
objective the analysis of legal feasibility of use and management of wildlife by traditional
populations in Extractive Reserves (RESEX), Sustainable Development Reserves (RDS) and
National Forests (FLONA) in the Brazilian Amazon. The specific objectives sought to
identify the wildlife management activities foreseen in the Brazilian legislation, checking the
conditions under which wildlife management has legal protection to be developed in RESEX,
RDS and FLONA and to analyze the legal viability for the exercise of subsistence hunting by
traditional populations in federal PAs in the Amazon. Through the literature and legislation
review, it was possible to analyze the use and management activities foreseen in the
legislation, where initially 10 activities were identified in the Brazilian legal system - Chapter
1. Thereafter, it was verified that only four of these activities can be developed by traditional
populations in the categories of CU under study, according to their interests of food
subsistence or commercialization of the production. The activities identified are: a) use and
management of wildlife in captivity, in the categories of commercial breeder and
slaughterhouse; B) wildlife management in situ by traditional populations in RESEX; C)
extensive management system of crocodilians in RESEX, RDS and FLONA; D) hunting, in
the category of “subsistence hunting” - Chapter 2. And finally, in Chapter 3, in contrast to the
current understanding of the federal environmental agency, the Chico Mendes Institute ICMBio, in which hunting in Sustainable Use CUs can only be justified if the "state of
necessity" is characterized, and presents a discussion about legal issues related to subsistence
hunting and the state of necessity, demonstrating that a series of laws provide legal
recognition for the practice of "subsistence hunting", highlighting Law 10.286/2003 (Gun
Control Statute) which includes the category of " subsistence hunter". Thus, according to the
theory of the conglobant typicity, it is not possible to classify as a crime something that is
permitted by another law, in the Brazilian legal system, as is the case in question. So the
institutional understanting of ICMBio, regarding the criminalization of subsistence hunting in
the CUs, must be revised so then the management instruments, such as Management Plans
and Management Agreement, should address the theme, aiming its ordering and regulation,
focusing on the sustainable use and management of the fauna.
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