O Cajueiro resiste? Análise da judicialização dos conflitos territoriais e o uso contra hegemônico do direito na busca por emancipação social São Luís

Abstract

Study about judicialization of territorial conflicts and the counterhegemonic use of law in the search for social emancipation of the traditional Cajueiro community, located in the rural zone, in São Luís - Maranhão. This research sought to analyze the extent to which the counterhegemonic use of law manifests as an attempt to achieve social transformation, using the demands of traditional communities, in particular, the struggles of resistance of the Cajueiro community. Traditional folks and communities are the protagonists of the struggles, whose purpose is free access to constitutional rights and guarantees, which is achieved through the recognition of these as subjects of rights. Therefore, the present work deals with elements such as the reconstruction of a collective identity as a traditional community, the counterhegemonic use of Law as a rupture of the globalized legal vision, the search for a political, social, legal and cultural visibility of the experiences of the traditional groups as well as the judicialization of conflicts involving the demands of the community in question. It is an exploratory research, of theoretical revision, carried out through a bibliographical research that based on a legal-sociological analysis, sought to understand the legal phenomenon in a wider social environment that interferes in the process of social emancipation and guarantee of collective rights. It is concluded that the contribution of the Law to social transformation will only be possible when promoting the democratic participation of these social groups as equals belonging to the National Pact.