STATE NEGLECT IN CONSERVATION UNITS INHABITED BY TRADITIONAL PEOPLES AND COMMUNITIES

Abstract

This study aims to analyze state neglect in protected areas inhabited by traditional peoples and communities in Brazil, examining its legal, social, and environmental impacts. The research is based on the 1988 Federal Constitution, Law No. 9,985/2000, and environmental law scholarship, emphasizing environmental protection and fundamental rights. Using a qualitative and deductive approach, bibliographical research, and legal analysis, the study considers that inadequate state action may hinder conservation and the rights of traditional communities. Their participation in environmental management is important for protecting traditional knowledge and ways of life. The study concludes that state omission may amount to a violation of fundamental rights when a legal duty has been breached and protective measures have been unjustifiably omitted, considering the consequences in the specific case.