The Legality of Subsistence Hunting in the Context of Protected Areas in the Brazilian Amazon
The traditional populations of the Amazon make use of the wild fauna, mainly as source of animal protein, evidencing the importance that the theme has for the region. In Protected Areas (PAs) this is also a reality, but subsistence hunting is still a taboo subject in society and even in environmenta...
| Autores: | , , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2018 |
| País: | Brasil |
| Institución: | Instituto Chico Mendes de Conservação da Biodiversidade (ICMBIO) |
| Repositorio: | Biodiversidade Brasileira |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.revistaeletronica.icmbio.gov.br:article/753 |
| Acceso en línea: | https://revistaeletronica.icmbio.gov.br/index.php/BioBR/article/view/753 |
| Access Level: | acceso abierto |
| Palabra clave: | Amazônia caça de subsistência legalidade unidades de conservação Amazonia caza de subsistencia legalidad áreas protegidas Amazon subsistence hunting legality protected areas |
| Sumario: | The traditional populations of the Amazon make use of the wild fauna, mainly as source of animal protein, evidencing the importance that the theme has for the region. In Protected Areas (PAs) this is also a reality, but subsistence hunting is still a taboo subject in society and even in environmental agencies, where there still is no consensus as to the legality of the practice. The lack of a clear positionon this issue in environmental institutions brings numerous difficulties for the management teams of the PAs and also for the people living in those regions. This is due to the fact that the bodies generally only rely on environmental legislation, which generally prohibits hunting, according to the Law of Protection toFauna (Law 5.197/1967) and the Law of Environmental Crimes (Law 9.605/1998). The study of the currentlegislation presented here allowed an analyzes of the legal viability of subsistence hunting by traditionalpopulations in federal PAs in the Amazon. It seeks to raise a discussion on legal issues related to subsistencehunting and the state of necessity, demonstrating that a series of regulations provides legal protection for thepractice of subsistence hunting, among which Law 10.286/2003 (Disarmament Statute), which brings thecategory of hunter for subsistence. According to what is advocated by the theory of conglobating typicity, anact cannot be criminalized if it is allowed by another constant norm in the juridical order of a given country.Therefore it is concluded that subsistence hunting has legal protection and there is a need for an institutionalpositioning regarding the criminalization of subsistence hunting in PAs to be reviewed by the managementbodies, so that management instruments such as Management Plans and Agreements can address the theme, aiming at its management and regulation, focusing on the use and sustainable management of the fauna |
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