STRATEGIC LITIGATION IN THE RIGHTS OF CAIÇARA PEOPLES: THE SEARCH FOR A PRECEDENT IN THE FEDERAL SUPREME COURT

• DOI: https://doi.org/10.22533/at.ed.216462411038

• Palavras-chave: Traditional peoples. Caiçara. Territory. Strategic litigation.

• Keywords: Traditional peoples. Caiçara. Territory. Strategic litigation.

• Abstract:

  This article presents the process of constructing, alongside the caiçara communities of Praia
  do Sono and Praia da Ponta Negra in Paraty, Rio de Janeiro, Brazil, of the legal arguments
  regarding the right to their territories. This issue was taken to the Supreme Federal Court of
  Brazil (STF) by the legal counsel of the Forum of Traditional Communities of Angra dos Reis, Paraty and Ubatuba, with technical support provided by the Observatory for Sustainable and Healthy Territories. The methodology used was research-action, using workshops and organizing the communities’ memoir in legal documents. Through these actions, we aim to build the Supreme Federal Court’s first precedent regarding the caiçara territory, using the legal repertory as an instrument for political change. So far, the partial results have been the communities’ formation as to the legal terms and procedures, the organizing of written and visual documents that picture the cultural memory of these communities and their relationship with their territory, as well as their qualification in the ongoing process at the Federal Supreme Court. The petition was also signed by a caiçara lawyer, who is also co-author of this article. We have concluded so far that this possible precedent could open doors for other caiçara communities and other traditional communities to access the Supreme Federal Court. Furthermore, the active formation of these communities, with participatory methodology and centered in autonomy enhances, qualifies and legitimates the legal work.