A atuação do sistema de justiça na efetivação do direito fundamental à territorialidade das comunidades quilombolas tocantinenses

Abstract

ABSTRACT: The Technical Report presents the current legal situation of quilombola communities in the State of Tocantins in relation to their claims for title to territories, exposing the progress of the processes and highlighting the contradictions that represent obstacles in the fulfillment of the right to title and that violate the Human Rights of a legal and anthropological point of view. The State of Tocantins has forty-five quilombola communities certified by the Fundação Cultural Palmares (FCP), but only thirty-three are in the process ofinitiating the procedure for the Technical Report on Identification and Delimitation (RTID), by the National Institute of Colonization and Agrarian Reform (Incra), of which six were published, until July 2019. Without this anthropological report, it is not possible to start the processes for titling, given that it identifies the community and the right to the territory is based on the presumption of black ancestry as a basis fundamental for the continuity of its physical, social and cultural reproduction, whose prerogatives are based on reminiscences -history, culture, beliefs, celebrations, expressions and language, music, food, religion, forms of social organization, cemeteries, buildings, the way of working the land, among other important elements that and passed from generation to generation -which are singularities valued in anthropological reports.During the research, it became evident, from the participant observation, that communities lack information about the procedures for claiming the right toland, provided for in the Federal Constitution of 1988, believing, many times, that this right is already guaranteed, but it is not, and in times of human rights denial and in the face of setbacks in social policies, communities are at risk of losing their rights or facing serious conflicts due to invasions. In this sense, this work aims to clarify and guide quilombola communities, presenting as a result four products 1) an educational booklet with the step by step that must be followed to claim the land, from community certification by FCP, to registration of the title in a notary office -with delivery scheduled for the communities, followed by guidance at a public meeting at the association, 2) an updated map of the municipalities that house quilombola communities, extremely important to show the existence of that community and mark their place, 3 ) two published scientific articles, the first on multiculturalism and the second presented the legal situation of the communities, giving them visibility and, 4) a mini-course that dealt with the importance of traditional communities for the maintenance and preservation of the environment. The importance of the Federal Public Ministry's role in defending the rights of quilombola communities is also pointed out, as it is the body legitimized by the Federal Constitution to guarantee diffuse and collective rights, such as the right to recognized, demarcated and titled territory.As a methodology, a collection and analysis of documentary data was made (processes, matters and jurisprudence, sentences, administrative decisions, doctrines, etc.), in this case, a study on administrative procedures and (non-confidential) processes that are being processed or processed at the Federal Prosecutor's Office of Tocantins involving Incra and its performance in the realization of quilombola land rights. As well as a theoretical research (with pertinent bibliographic reference) to base the debates and justify the importance of history and anthropology for the accomplishment of an interdisciplinary work necessary to the legal field for the quality Jurisdictional Provision. In addition to visits to the Malhadinha Community, in Brejinho de Nazaré-TO, to get to know the reality in a systematic way and meet the assumptions of an ethnographic research.It is also registered the importance of quilombola communities to know their constitutional rights so that they are organized and provoke the competent bodies, seeking visibility as a political community that wants to be heard and to have their rights respected, guaranteed and enforced, because their claims are they register as Human Rights, considering that land titling concretizes the fundamental rights that confer citizenship. If rights are denied, the way forward is to launch a Public Civil Action.