Protocolo copmunitário de consulta livre, prévia, informada e de boa-fé da comunidade tradicional ribeirinha do Porto do Capim e aplicabilidade da Convenção no 169 da OIT

Abstract

This paper aims to analyze, based on the experience of popular legal advice developed by the OBUNTU group – Interdisciplinary Observatory and Advice on Territorial Conflicts, of which I participate as an extensionist and researcher, the collective construction of the land regularization plan and the community consultation protocol of the Traditional Riverside Community of Porto do Capim, located in João Pessoa – PB. Based on the methodology of participatory research and the systematization of experiences, we sought to understand how the dialogue between the university and the traditional community, mediated by the practice of popular legal advice, can promote the realization of human rights through the application of Convention 169 of the International Labor Organization (ILO), especially with regard to the self-determination of peoples, informed participation and the guarantee of the right to prior, free, informed and good faith consultation. The experience revealed the political and pedagogical power of critical university extension, especially when it is articulated with research and legal education from a counter-hegemonic perspective, contributing to the training of professionals committed to social transformation. The work with the Porto do Capim community also highlights the challenges imposed by urban territorial disputes, the invisibility of traditional communities in urban centers, and the State's negligent or violative actions. Thus, this work proposes a reflection on the role of law in the struggle for recognition, permanence, and dignity of traditional ways of life in contexts of conflict, based on the situated and engaged practice of popular legal advice as a tool for resistance and emancipation.