Administrative Competences and the State's Omission: the Case of Coroa Vermelha (Bahia)
Environmental competence. Conflict of administrative competences. Red Crown. Indigenous people in an urban context. Common competence.
The Coroa Vermelha Indigenous Land is the scene of an intricate overlapping of institutional competences, with multiple protective regulations, however, the profusion of common competences contrasts with the installation of a framework of disorderly urban occupation and widespread omission. In this context, this investigation started from the contextualization of the human occupation of the analyzed territory, approaching through bibliographic and documentary research, mainly, the historicity of its demographic evolution. Subsequently, a cartographic survey was carried out, focusing on the administrative demarcations incident to an area, drawing up the mapping from the Geocentric Reference System for the Americas (Datum SIRGAS 2000), substantiated by other cartographic elaborations in the knowledge of the bibliographic and documental knowledge, in addition to the photographic confirmation, by the author himself, in loco, of the existence of a disordered occupation that constitutes the background reality of the problem. Based on these processes, the assumptions they have in common and the handling of new bibliographic and legislative surveys, the legal regimes to which the territory is subject were exposed, as well as the common competence as a legal-political configuration aimed at environmental and urban protection, with a focus on finding a relationship between overlapping competences and state omission, to, finally, distinguish and systematize solutions for the management of areas with conflicts of competence, such as joint management combined with social participation , in areas with similar deadlocks. Thus, the solution of conflicts of competence existing between the public bodies involved (FUNAI, IBAMA, IPHAN, SPU, INEMA, DNIT, Navy, municipal bodies), the demonstration of the non-effectiveness of multiple legal protections on the same territory and at the same time, the proposition of a legally viable alternative as a consortium management not only of the analyzed territory, but also of others in similar specialties, related to the intended results.