Entre a luta jurídica e os limites institucionais

a litigância de movimentos sociais territoriais na pandemia de COVID-19 no Brasil

Abstract

The vulnerability of traditional Brazilian peoples and communities, resulting from the systematic denial of rights in favor of adopting certain development models since the colonization of the country, has intensified with the emergence of a conservative government and the tragic coincidence of the Covid-19 pandemic. The position of the Brazilian state during the pandemic was to minimize the severity and deny specific policies. In addition to self-organized actions, territorial social movements are investing in mechanisms to pressure the legislature and judiciary to guarantee rights. Some milestones in this mobilization are the Emergency Plan to Combat the Covid-19 Pandemic and the Actions for Failure to Comply with Fundamental Precept 709 and 762. These actions represented important milestones in the struggles to affirm territorial movements, including historical landmarks in the field of law. The litigation of these movements, in the context of the pandemic for the territories, served to achieve concrete actions to mitigate the health effects, as well as to shed light on the disputes that occurred within the institutions and the impacts of the execution of a conservative state project. To this end, we will present a brief history of the recognition of collective subjects related to territories in the constitutional framework, followed by a brief political and health framework of the pandemic in relation to traditional peoples. Additionally, we will discuss legislative and legal linking strategies to highlight the main points of socio-environmental litigation in this context and that came from these subjects to point out the advances and difficulties of this process.