Open AccessDerecho agrario en la Amazonía – regionalismo jurídico
Author(s) -
Alcir Gursen De Miranda,
Themis Eloana
Publication year - 2020
Publication title -
przegląd prawa rolnego
Language(s) - English
Resource type - Journals
eISSN - 2719-7026
pISSN - 1897-7626
DOI - 10.14746/ppr.2019.25.2.12
Subject(s) - amazon rainforest , constitutionalism , legislature , population , political science , order (exchange) , geography , law , sociology , economics , democracy , demography , ecology , politics , biology , finance
Due to numerous factors of both legal and non-legal nature, Amazon law as a branch of law encompassing the norms of environmental law and agricultural law has been separated within the Brazilian legal system. The aim of the article is to highlight the specificity of Amazon law as the legal order prevailing in a certain geographical region. The author claims that the goal of this branch of law – created according to the methodof neo-constitutionalism developed by P. Häberle – is to emphasise the importance of the cultural model of man typical of Amazonia. In the literature on the subject, this man is referred to as a caboco, a rural worker who carries out agricultural activities characteristic for the region, which connected with the production of manioc flour which is the staple diet of the population inhabiting the area. Over time, caboco’s “profession” led to the emergence of a socio-cultural space known as the ‘culture of cassava’ studied within the research on the social formation of Amazonia conducted by S. Benchimol and E. Moreira. In the author’s opinion, the Brazilian legal system as a whole does not respect the rights of local communities and therefore a legislative action should be taken to guarantee full operation of the regional customary law in the Amazon region.