Conflito de interesses entre o meio ambiente natural e o meio ambiente cultural e a prevalência do princípio fundamental da dignidade da pessoa humana: um caso concreto

Abstract

There are no doubts about the importance of the Environment for human survival considering the legislation in force, which classifies Environmental Areas as being of indirect use, and therefore, forbids men to occupy such areas, and the Constitution that determines to the Public Power and to the Community the initiative to preserve such areas. On the other hand, the Constitution also assures protection to historical and cultural manifestations. In this context it is necessary respect to historical and cultural traditions that have been passed onto generations by the community that lives within the Environmental Area, in this case, the one of Juréia Itatins, which by means of its own storytelling method passes its knowledge onto future generations. The law assures to people who were born or live in the areas the right to remain there. On the contrary, this community is being marginalized and losing its identity when those people are replaced or impeded to exercise their typical daily activities which are vital for their quality of life. Therefore, we are discussing human being dignity, for this is the constitutional principle being violated and besides other basic right that every human being have, to be mentioned in our research. It is important to emphasize that it not only marginalizes and withdraws the identity of any community but, also kills the human being who lives in it, for he can no longer pass on his uses and costumes to new generations. It is crucial to emphasize that the inhabitant of the Environmental Area Juréia Itatins has been preserving and respecting Mother Nature for centuries because they learned to get from her what is enough for their subsistence in a very adequate and rational way without destroying her, however finding the balance between the natural resources and their needs. In conclusion, they found the essence of their own lives in nature. Therefore, it is necessary to equation natural environment preservation and cultural environment maintenance to assure the fulfillment of the constitutional principle of human being dignity to the inhabitants of the Environmental Area Juréia Itatins. According to what has been mentioned above will be also appreciated, in the development of this work, (The) main features of cultural and environmental protection of the traditional community of Ilhabela located at seaboard of São Paulo . Shortly, Ilhabela is a practical example of the Brazilian reality, rich in details and content, fitting to the porpoises and justifications of the present thesis seeing that, the intention here is, starting from the ecological station of Jureia-Itatins , and state park of Ilhabela to prove the necessity of protection of the community traditional and cultural environment, according to the preservation of the natural environment (copious in the two regions) depending on the human dignity emphasis and of the environmental maintenance