Espaços especiais em Natal (moradia e meio ambiente): um necessário diálogo entre direitos e espaços na perspectiva de proteção aos direitos fundamentais na cidade contemporânea

Some protected special spaces on behalf of fundamental rights to the environment and the housing at the city of Natal are fragile by facing actions and attempts to suppress and changing (or omission in the implementation) of standards in furtherance of those rights at the local level, which seems to reflect a situation that goes beyond the context of the city. Based on integrated approach of the housing rights and the environment and its protection of special spaces on the field of fundamental rights, the thesis seeks to understand the weaknesses that affect the legal state duty under the realization/implementation of fundamental rights to the environment and housing in cities, focusing on the issues of flexibility of the founding legislation of special spaces to the detriment of the attributes they protected and the lack of implementation of the legal system that allows their effectiveness. So, it looks initially to understand the environment and housing rights and their special protected areas in the brazilian legal system, looking forward the evolution of its legal protection, as well as the weaknesses that emerge in the field of their effectiveness. Analyzing the trajectory of the environment and housing rights and their special protected areas in Natal, considering its standards, attributes, protection indicators, weaknesses and negative evidence within its legal protections and their enforcement by state entity, this thesis proposes to verify the existence of forms to confronting the weaknesses founded in the maintenance of legal protection and its implementation. At this point it discusses the legal basis and safeguard instruments of protection, especially within the juridical field, as part of a (re)discussion about issues of legislative and administrative discretion in the face of objective legal state duty to realization/implementation of fundamental rights in the urban space. With all these issues together the thesis does not ignore the scenario where the dividing line between public and private (economic) are becoming ever more tenuous in the field of state action and where the city stands as a special commodity to the reproduction of real estate, according to the interests of capitalist logic

Da maniva ao grolado: práticas produtivas e patrimoniais no processo identitário dos Tremembé de Almofala (CE)

The indigenous political scene in Brazil is undergoing transformations that need to be better analyzed by scholars in the field of the Social Sciences. The deficit in the policy of indigenous land demarcation emerges as the largest obstacle in the conquest of collective rights. Therefore, a study to analyze renewed strategies in the struggle for social rights, and their implications in local everyday life relations, is urgent. In this context, the aim of this research is to understand the current social dynamics of identity among the Tremembé people of Almofala, in the state of Ceará, Brazil, with a fieldwork conducted in the flour mill of the Casa de Farinha Comunitária project, in the Lameirão community. Specific aims are: a) to analyze the processes involved in the project in order to comprehend their meanings and appropriations as well as their everyday life and political uses; b) understand the strategies to fight for social benefits; c) analyze the local ethnic classifications grounding the construction of the Tremembé identity in Almofala. Methods deployed are ethnography of communities, used to apprehend the social production of networks of relationships, and a social cartography of practices. The realization of rights demanded by the indigenous populations in Brazil is intertwined with a process of social and legal legitimation their identity and cultural heritage. Such legitimation works as a safeguard mechanism of rights secured by the Constitution. Therefore, to own a “cultural heritage” is perceived as a “passport” to benefit from emerging rights. Amid this context, changes in the traditional processing of the cassava root, a productive practice shared locally by diverse social groups, is reified as cultural heritage by the Tremembé people of Almofala and their network of collaborators in the pursuit of accessing distinctive public policies. Furthermore, the research came across specific social arrangements of local subjects which unfolded internal struggles, enabling to understand the dynamics of the Tremembé of Almofala identity process.

Espaços especiais em Natal (moradia e meio ambiente): um necessário diálogo entre direitos e espaços na perspectiva de proteção aos direitos fundamentais na cidade contemporânea

Some protected special spaces on behalf of fundamental rights to the environment and the housing at the city of Natal are fragile by facing actions and attempts to suppress and changing (or omission in the implementation) of standards in furtherance of those rights at the local level, which seems to reflect a situation that goes beyond the context of the city. Based on integrated approach of the housing rights and the environment and its protection of special spaces on the field of fundamental rights, the thesis seeks to understand the weaknesses that affect the legal state duty under the realization/implementation of fundamental rights to the environment and housing in cities, focusing on the issues of flexibility of the founding legislation of special spaces to the detriment of the attributes they protected and the lack of implementation of the legal system that allows their effectiveness. So, it looks initially to understand the environment and housing rights and their special protected areas in the brazilian legal system, looking forward the evolution of its legal protection, as well as the weaknesses that emerge in the field of their effectiveness. Analyzing the trajectory of the environment and housing rights and their special protected areas in Natal, considering its standards, attributes, protection indicators, weaknesses and negative evidence within its legal protections and their enforcement by state entity, this thesis proposes to verify the existence of forms to confronting the weaknesses founded in the maintenance of legal protection and its implementation. At this point it discusses the legal basis and safeguard instruments of protection, especially within the juridical field, as part of a (re)discussion about issues of legislative and administrative discretion in the face of objective legal state duty to realization/implementation of fundamental rights in the urban space. With all these issues together the thesis does not ignore the scenario where the dividing line between public and private (economic) are becoming ever more tenuous in the field of state action and where the city stands as a special commodity to the reproduction of real estate, according to the interests of capitalist logic