SOCIOENVIRONMENTAL LAW AND TRADITIONAL COMMUNITIES IN LATIN AMERICA: CONTRIBUTIONS TO THINKING ABOUT THE PROBLEM OF NEOEXTRACTIVISM

The general objective of this article is to analyze the confrontation of traditional communities in Latin America with the problems caused by neoextractivism, from the perspective of socio-environmental law. To achieve this objective, it is proposed to think about it from three specific objectives, which will be developed in each of the parts of the article: a) expose the socio-environmental issue in Latin America; b) understand the relationships between environment and Law from a socio-environmental perspective; c) analyze who the traditional communities are and the socio-environmental rights affected and d) analyze the issue of neoextractivism under the demands of traditional communities. The issue is justified by the difficulties observed by traditional (non-indigenous) communities to guarantee their territorial rights, although they are long known as guardians of nature. The method used is deductive, with a monographic approach and bibliographic and documentary research. When discussing the issues, the aim is to verify whether a more appropriate treatment of the issue is necessary in terms of environmental public policies, with special attention to the processes of neo-extractivism.