Kò sí ewé (sem folha, não há orixá): o território e a territorialidade dos povos de terreiros

Abstract

This thesis investigates the territoriality of the peoples of terreiro, analyzing the limitations imposed by the modern Brazilian private property rights and proposing legal alternatives for the protection of these sacred territories. It starts from the historical and conceptual understanding of religions of African origin in Brazil, linking them to the processes of resistance and struggle for rights. Thus, this study has the following research problem: How can the territory and territoriality of the peoples of terreiro be understood as a critique of the modern Brazilian private property rights, taking into account their cultural and religious practices and the struggles for recognition and rights? In this sense, its general objective is to analyze the territory and territoriality of the peoples of terreiro as a form of critique of the modern Brazilian private property rights, highlighting their cultural and spiritual dimensions, and proposing a reinterpretation of the concepts of territory and property that recognizes and values the diversity of the collective practices and identities of these groups. Thus, this thesis aims to explore these dynamics, addressing how the religious and cultural practices of the peoples of terreiro articulate a form of resistance and re-existence, reconfiguring the understanding of territory in a broader and more collective sense. The methodology of this work will be qualitative and bibliographic, allowing for an indepth analysis of the relationships between territoriality, culture and law in the context of the peoples of terreiro. The research will be based on a combination of bibliographic review and documentary analysis. Thus, through the research technique by bibliographic review, a comprehensive analysis of the existing literature on peoples of terreiro, territoriality, private property and cultural rights will be allowed. This review will include works by relevant authors, such as legal theorists, sociological and anthropological studies, and texts on the history of Afro-Brazilian religions. Furthermore, still in the research techniques, documentary analysis will be carried out, as there will be an examination of legal documents, public policies and regulations that impact the rights of the peoples of terreiro and their cultural practices. This includes legislation, opinions of government agencies, etc. The deductive method will be used, since it will be based on theoretical concepts about property, territory and cultural rights to analyze specific cases of peoples of terreiro. The research will seek to establish relationships between legal principles and social realities, highlighting the shortcomings of current approaches in relation to the needs and identities of these groups. The study examines applicable national and international legislation, in addition to the main legal institutes that affect the territories of peoples of terreiro, such as listing, land regularization and usucaption. The research highlights the challenges faced by the communities, such as the requirement of legal personality and the administrative obstacles to the regularization of traditional spaces. As a contribution, the thesis proposes the creation of the legal institute of the "Sacred Territories of the Peoples of Terreiro", a special protection regime inspired by international regulations and the selfdetermination of communities. The proposal reinforces the need for a broad debate with leaders, jurists and public bodies, in order to guarantee legal security and respect for the cultural and religious specificities of the peoples of terreiro.