Autonomia e proteção de territorial quilombola: análise de conflitos trabalhistas e a integridade espacial das comunidades quilombolas no estado do Pará / Brasil

Abstract

The Quilombola Communities Médio Itacuruçá, located in the municipality of Abaetetuba and São Manoel, located in the municipality of Moju, both in the state of Pará had their spatial autonomy at risk as a result of labor lawsuits. It should be noted that these territories are titled by the Land Institute of Pará and that part of their collective lands were presented as collateral in the aforementioned lawsuits, which culminated in auctions and auctioning in the scope of the Labor Court of the Eighth Region - Abaetetuba District. The objective of this work was to analyze the possibility of attachment of assets belonging to quilombola associations with titled territory, in labor suits. We also sought to reflect on the type of collective property that constitutes a quilombo, and to analyze its legal nature; the legitimacy of the members of the quilombo, of the association, and their representation to sell or give the quilombo property as collateral for debt, and the repercussions for the autonomy and integrity of quilombola territories. To this end, we used predominantly the case study, an empirical study of legal conflicts involving the two quilombola communities, and complementarily the qualitative approach, bibliographical, documentary, legislative, and jurisprudential research. Thus, the legitimacy of the autonomy of the communities in the use and management of their territory was observed, ensured both by international legislation and the Constitutional Charter and infra-constitutional legislation, which allowed us to conclude that within the cases analyzed it was essential that the communities have realized the right to titling, the mobilization of communities to ensure their ground, through their internal rules and customs and the awakening to the need to follow the debate on the quilombola territorial protection that is routinely threatened.