Aspectos jurídicos do uso e do manejo de fauna silvestre por populações tradicionais em unidades de conservação na Amazônia Brasileira: Resex, Rds e Flona

Abstract

Researchs show that the traditional populations of the Amazon use wildlife, mainly as source of animal protein, evidencing the importance that the theme has for the region. However, the implementation of wildlife management actions is still very incipient in Brazil and one of the bottlenecks is the legal issues involved with the theme. In Brazil, the Conservation Units (CUs) that allow the sustainable use of natural resources are some of the best areas to study, implement and evaluate sustainable models of wildlife management because of their socioenvironmental characteristics. Thus, this research had its focus on the study of the legal aspects of use and management of wildlife by traditional populations in CUs, having as main objective the analysis of legal feasibility of use and management of wildlife by traditional populations in Extractive Reserves (RESEX), Sustainable Development Reserves (RDS) and National Forests (FLONA) in the Brazilian Amazon. The specific objectives sought to identify the wildlife management activities foreseen in the Brazilian legislation, checking the conditions under which wildlife management has legal protection to be developed in RESEX, RDS and FLONA and to analyze the legal viability for the exercise of subsistence hunting by traditional populations in federal PAs in the Amazon. Through the literature and legislation review, it was possible to analyze the use and management activities foreseen in the legislation, where initially 10 activities were identified in the Brazilian legal system - Chapter 1. Thereafter, it was verified that only four of these activities can be developed by traditional populations in the categories of CU under study, according to their interests of food subsistence or commercialization of the production. The activities identified are: a) use and management of wildlife in captivity, in the categories of commercial breeder and slaughterhouse; B) wildlife management in situ by traditional populations in RESEX; C) extensive management system of crocodilians in RESEX, RDS and FLONA; D) hunting, in the category of “subsistence hunting” - Chapter 2. And finally, in Chapter 3, in contrast to the current understanding of the federal environmental agency, the Chico Mendes Institute ICMBio, in which hunting in Sustainable Use CUs can only be justified if the "state of necessity" is characterized, and presents a discussion about legal issues related to subsistence hunting and the state of necessity, demonstrating that a series of laws provide legal recognition for the practice of "subsistence hunting", highlighting Law 10.286/2003 (Gun Control Statute) which includes the category of " subsistence hunter". Thus, according to the theory of the conglobant typicity, it is not possible to classify as a crime something that is permitted by another law, in the Brazilian legal system, as is the case in question. So the institutional understanting of ICMBio, regarding the criminalization of subsistence hunting in the CUs, must be revised so then the management instruments, such as Management Plans and Management Agreement, should address the theme, aiming its ordering and regulation, focusing on the sustainable use and management of the fauna.