Proteção jurídica das práticas e territorialidades específicas das comunidades ayahuasqueiras

Resumo/Ementa

Ayahuasca is a sacred drink used in a ritual way since time immemorial by the native Amazonian and Andean peoples. In Brazil, during the 20th century, the ritual use of ayahuasca increased among non-indigenous peoples, culminating in syncretic religions that later expanded beyond the Amazonian territory, including internationally. The relationship of these subjects with ayahuasca and consequently with the territory/nature is guided by ancestry and spirituality, that is, a conception that Nature is sacred, materialized through a harmonious relationship with Nature. That is, the specific practices and territorialities of the ayahuasca communities are not guided solely by a marketing relationship with the territory. These specific practices and territorialities are part of Brazilian culture, with their protection guaranteed by CRFB/88, which explicitly recognizes the plurality of Brazilian culture and within the scope of international protection and human rights, primarily by Convention 169 of the ILO. For these reasons, through the legal-sociological aspect, studying the legal phenomenon in the social environment and using deductive/inductive reasoning. We carried out a bibliographical review and a qualitative analysis of the specific practices and territorialities of the ayahuasca communities and their consequent spiritual relationship with the land /Nature. To conclude that territory and culture are inseparable. Therefore, the protection of ayahuasca practices is essential to guarantee and protect the territory and, consequently, the cultural heritage and identity of different subjects and communities. In addition, as these subjects promote movements in defense of their territorialities, they create a plural right of a counter-hegemonic character based on the preservation of Nature, on the consideration of individualism and the notions of private property.