Por um conceito decolonial de cultura: patrimônio, direitos culturais e direitos da natureza no contexto do extrativismo no Brasil e Bolívia

Abstract

This work aims to analyze the role of the new Latin American constitutionalism in expanding the concept of culture, seeking to identify from the recognition of nature as a collective subject of public interest -as approved in the Political Constitution of the Plurinational State of Bolivia promulgated in 2009 -and of the relationship between nature and culture, diachronically. It is also sought, from the initial analysis, to establish a relationship between the new Bolivian constitutionalism and the Brazilian legal system in the interface between cultural rights and the rights of nature, seeking to identify the possibilities of application of the Bolivian experience in the expansion of the concept of culture in Brazilian public policies through the incorporation of worldviews and ways of seeing, doing and feeling maintained by peoples and communities heirs of oral traditions, especially indigenous and Afro-Brazilian. It is assumed that, in Brazil, there is an insufficient relationship between nature and culture in cultural legislation compared to what is observed in the new Bolivian constitutionalism, marked by the decolonial project in opposition to the process of Euromodern coloniality imposed on the continent for centuries. This phenomenon, in the Brazilian cases provoques the lack of indicators and other instruments for the management of emancipatory cultural policies to be used by public agents and civil society in favor of populations marginalized by the exclusion caused by coloniality that crosses the nation's development project. The empirical part of the work is developed through action research within the scope of UNESCO's technical cooperation in repairing the cultural references of communities affected by the rupture of the Fundão dam, in the region of Mariana-MG, which occurred in November 2015 and considered the biggest environmental tragedy to occur in Brazil and one of the biggest in the world.