“Invisibilidade” das comunidades tradicionais: análise sobre a aplicação da consulta prévia, livre e informada na revisão do Plano Diretor e Lei de Zoneamento da cidade de São Luís/MA

Abstract

This dissertation seeks to investigate whether the rights and guarantees of indigenous peoples and traditional communities, especially the right to prior, free and informed consultation provided for in Convention nº. 169 of the International Labor Organization, were taken into account in the process of reviewing the municipal urban planning legislation of São Luís / MA – a process started in 2014. It will be analyzed what it consists of, and whether it was carried out in such process, the right to self-determination, the direct to the city, the guidelines of the Federal Constitution of 1988, the City Statute and the CNDU on the master plan, among others. In order to do so, it will be used bibliographical research and the analysis of civil inquiry of the Federal Public Ministry about the subject.