Nessa terra tem quilombos: titulação, propriedade coletiva e a cartografia das decisões judiciais no Tribunal Regional da 1ª Região

Abstract

Property for common use, also known as collective property, affects the recognition of quilombola territorial rights, constitutionally guaranteed, has in its origin a conflicting field that involves historical, cultural, political, economic and legal aspects, so that the acquisition of quilombola property by fair title issued by the State does not end the demands for demarcated lands, because from the conferral of property, the insecurity of the limitations of the right conquered by the communities is sometimes faced, leaving it up to a forced harmonization of interest to indicate the best use of the land and its resources. The general objective of this thesis is to reflect on the perception of quilombola territoriality by the Courts, based on judicial decisions. The struggle for an effective guarantee of quilombola territorial and property rights is an arena of debate in communities, associations, platforms and courts. In the judiciary, there are 784 judgments, published until April 2024, with descriptors of: quilombola identity; quilombola territory; Decree No. 4887/2003 and quilombola property, issued in the Federal Supreme Court, Superior Court of Justice and Regional Court of the 1st Region. Of these decisions, the descriptors: quilombola identity, quilombola territory, decree No. 4,887/2003 and quilombola property are present in the courts in question, with the exception of the descriptor "quilombola identity" which did not present results for STJ rulings. In order to achieve reflection on the quilombola collective property right, the present work, through a methodological path of multi-referential research, was constructed by literature review and results with the support of quantitative research in the search sites of jurisprudence in the courts, with the perspective of achieving the realization of a cartography of judicial decisions, with a qualitative field of analysis, beyond the abstraction of law.