Proteção jurídica das comunidades de pescadores artesanais no Estado de Sergipe: dilemas e desafios de pensar os objetivos do desenvolvimento sustentável

Abstract

Artisanal fishing has immense cultural and economic expression, representing a source of income and food for several Brazilian communities. In the Northeast of the country, there are populations of workers in artisanal marine fishing, which is the main provider of economic production, which obtained the highest production in 2011. In this dimension, the hypothesis raised in this research is that even with the existence of Law 11.959 of 2009 (National Policy for the Sustainable Development of Aquaculture and Fisheries-MAPA), which determines the registration in the General Registry of Fishing Activity (RGP) as a requirement for access to the rights of artisanal fishing workers, it has there have been suspensions of registrations since 2012, triggering loss of labor rights for artisanal fishermen in the State of Sergipe. Thus, the general objective of the research is to analyze, in the light of environmental thinking, the issue of legal protection of the environment, in the specificity of artisanal fishing communities in the state of Sergipe. This research is characterized by a basic nature, with the methodology outlined, namely: by the Method of hermeneutic approach, by Gadamer, in view of the need for in-depth interpretation, with a focus on the discourse and structure of language, texts, laws, human phenomena and behavior. Regarding the analysis procedures and techniques, we sought, regarding the nature of the research as applied, a form of qualitative approach, through bibliographical and documental research in Federal Laws, State and Municipal Laws, in databases of Federal agencies and government websites; such as the Brazilian Institute of Geography and Statistics (IBGE), the Transparency Portal of the Federal Government, Websites of the State Secretariats for Agriculture, Agrarian Development and Fisheries (SEAGRI), IBAMA, the Ministry of Agriculture, Livestock and Supply (MAPA ) and the Federal Court of the State of Sergipe. Finally, the data analysis was outlined from the structure of the hermeneutic method and in the research results, we consider that Law 11.959/2009 did not reach its effectiveness, as it did not reach the concrete performance in the social function, of State, through the security in guaranteeing the National Policy for the Sustainable Development of Aquaculture and Fisheries, since one of its requirements is to have access to fishery resources. This has been, since 2012, unavailable to artisanal fishing workers, causing the loss of rights, especially social security, such as closed-end insurance, for workers who are unable to register and/or update your records in the General Registry of Fishing Activity (RGP).