A proteção dos direitos territoriais quilombolas e o papel jurídico dos amicus curiae: uma análise da Ação Direta de Inconstitucionalidade n. 3239-DF

Abstract

This study analyses the role of the legal institution of amicus curiae as an instrument of democratic participation in constitutional review, focusing on the judgement of Direct Action of Unconstitutionality n. 3.239/DF, which discussed the constitutionality of Decree n. 4.887/2003, regulating Article 68 of the Transitional Constitutional Provisions Act (ADCT). The study aims to understand, through ADI 3239/DF, the context that guides the scenario of legal disputes involving the territorial rights of quilombola communities and the role of amicus curiae in guaranteeing the effectiveness of these rights and access to justice. Methodologically, this is a qualitative and documentary study based on the analysis of petitions, opinions, votes, and oral arguments present in the ADI case files, from a legal-sociological perspective. The results demonstrated broad social participation among civil associations, quilombola movements, public agencies, and human rights institutions, most of which expressed their support for the constitutionality of the decree. It was found that the arguments presented by traditional communities and support entities were incorporated into the winning votes, consolidating the understanding that the decree is compatible with the Federal Constitution and ILO Convention n. 169. It can be concluded that the participation of amici curiae in ADI 3.239/DF strengthened the democratic legitimacy of the Federal Supreme Court and reaffirmed the Brazilian State's commitment to racial equality, social justice, and the recognition of quilombola territorial rights.