Entre o direito e o lugar: uma proposta para o reconhecimento jurídico da identidade

Abstract

This study investigates how the conceptual and legal proposal of a right to place can be understood, claimed, and institutionalized, highlighting its potential as a counter-hegemonic legal tool. Adopting a decolonial approach, the research analyzes place as a central element for preserving identities and protecting traditional communities, especially in the context of globalization that often marginalizes local knowledge. The methodology combines bibliographic and documentary analysis, covering Brazilian legislation and case law, as well as international and comparative law studies that recognize the right to housing and the protection of indigenous territories. The work engages with authors from various fields, such as Arturo Escobar, Aníbal Quijano, Anthony Giddens, and Milton Santos. The findings indicate that the right to place transcends the right to housing or mere territorial occupation, encompassing cultural and symbolic dimensions essential to the resistance and resilience of threatened communities. Case studies in Brazil and Latin America reveal significant legislative progress while also highlighting challenges to the effective implementation of this right. Finally, the research emphasizes that an effective legal framework must integrate local and traditional perspectives, promoting social justice and cultural diversity while overcoming hegemonic paradigms that overlook local specificities.