The Constitutional Right to the socio-environmental difference of the Amazonian populations, peoples and traditional communities

historical foundations

Abstract

This article reconstructs the socio-environmental history of the Amazon, focusing, initially, on the physical formation process of this ecosystem, then going on to explain the occupation process by prehistoric homo sapiens, as well as European colonization. The present socio-environmental scenario is reached, where cases of some social groups that make up the Amazonian landscape are exposed, again explaining their socio-environmental aspect. This historical trajectory is undertaken in order to explain the socio-environmental formation of the Amazon, also explaining the differentiated relationship that the Amazonian peoples develop with the environment. In the socio-environmental Amazon, Culture and Nature can not be fully separated, a procedure so common in modern society. Thus, it is through this historical trajectory that a socio-environmental interpretation of the Federal Constitution is made, specifically its articles 215 and 216, which deal with the cultural rights of Brazilian citizens, combined with article 225, which deals with rights relating to the environment ecologically balanced environment. These devices provide constitutional legal support for the protection of socio-environmental rights differentiated from traditional Amazonian populations, peoples and communities, being analyzed in the last topic of this work in the light of the socio-environmental history hitherto narrated, in order to give it meaning and allow a glimpse of a protection system. socio-environmental rights in the Federal Constitution.