THE VIOLENCE OF AFFECTING MINING ACTIVITY IN QUILOMBOLA TERRITORIES AS A VIOLATION OF BRAZILIAN CULTURAL HERITAGE

Abstract

From the perspective of the protection of collective rights, this article seeks to present how traditional territories, specifically quilombola territories, have been violated as subjects of Cultural Heritage Rights, through mining activities carried out in their territorial spaces. The central objective is to present that, based on the consideration of the principles that govern Agrarian, Environmental and Mining Law, it is possible to reach judicial decisions to safeguard traditional territories, as Brazilian cultural heritage, against the threats of mining activities, as an interest of public supremacy, observing the interests of the social actors involved (State, corporations and communities). The methodology adopted is qualitative, through bibliographic and documentary research methods, and the hypothetical-deductive method. As a case study to exemplify the violation of traditional territories, it presents the case of the Historic Site and Cultural Heritage, through the analysis of Public Civil Action number 0001547-48.2012.4.01.3506 filed by the Federal Public Ministry in 2012, in order to prevent the granting of research and mining in such territory. The theoretical references adopted will be Arturo Escobar's Post-Development Theory, and Roberty Alexy's Theory of Principles and Fundamental Rights.