Abstract

DIAZ CANO, Marlenny. Occupation conflict in protected areas: Conservation vs Community rights. Opin. jurid. [online]. 2008, vol.7, n.14, pp.53-69. ISSN 1692-2530.

The concept of the sustainable development represents a great advance in the scene that was marking an incisive dichotomy between conservation and use of the natural resources. Though even the real possibility of concretion is criticized in many situations, the fact is that the model of economicist development has now a , interés about the preservation of the nature. It allows today to put in the agendas of government the environmental topic as an aspect interdependent and correlated with the public economic, social policies and even of national safety, whwn the focus is the improvement of the quality of life of the communities. But it is not easy to harmonize interests that have been in opposite sides therefore time, more even if the contradictions and normative emptinesses derive from the same juridical frame that tries to regulate adequately this relation. For whom must make fulfill the law the doubt arises when the legal frame generates unjust situations that turn into ethical conflicts , even generate violation of fundamental rights of the communities seated in the protected areas or in its zone of influence; the present articule describe an example of this situation, working on the supposition that to identify the failings and contradictions constituted in the first step to find solutions valid and effective that allow to support the fragile balance between the conservation and the utilization of the environmental services

Keywords : Occupation of protected area; violation of rights vs conservation.

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