Direitos territoriais quilombolas em disputa: Um estudo de decisões judiciais do Supremo Tribunal Federal e do Superior Tribunal de Justiça

Abstract

This monograph is dedicated to understanding the categories used by higher courts when deciding conflicts involving the recognition of territories. Based on a historical approach to the black diaspora, the formation of quilombola communities, collective land occupation, private property, and collective land ownership. It seeks to analyse quilombola territorial rights, from their exclusion in the abolition of slavery in 1888 to the recognition of the right to quilombola territoriality in Article 68 of the ADCT and the enactment of Decree 4.887/2003. The judgement of ADI 3239 and the questioning of Decree 4.887/2003. The research adopts a legal-sociological approach, allowing for the analysis of the concrete achievement of objectives proposed by the law, by regulations of all orders and by public or social policies involving the recognition and demarcation of quilombola territories. Thus, through qualitative and quantitative research and the use of the technique of studying judicial decisions, this research aims to identify the criteria used for access to land and the role that the State, especially the Judiciary, plays in the enforcement of the rights of these collective subjects, from the perspective of affirming material equality. This will be analysed on the basis of decisions identified in the case law databases of the Federal Supreme Court and the Superior Court of Justice.