O direito ao território comunitário e os impactos jurídicos da demora na titulação das comunidades quilombolas do Estado do Pará

Abstract

This paper seeks to analyze the right to territory and the impacts of non-titling of Quilombola communities in the State of Pará. The locus of the research will be the administrative procedures used in INCRA and ITERPA, aiming to compare these two administrative structures for the recognition of quilombola territorial rights. Whether the delay in finalizing the titling process is a matter of law or administrative procedure. Also analyze the demand for existing processes for titling in the two land agencies (state and federal) in the State of Pará. And finally investigate how the wait for titling has reflected legally within the quilombola communities of the State of Pará. In this sense, it seeks to answer what are the legal, technical and administrative difficulties faced by these bodies that make it impossible to recognize the territorial rights of quilombolas in the State of Pará. The general objective is to analyze legal violations of the non-titling of quilombola territories in the State of Pará, based on the administrative processes in progress at INCRA and ITERPA; Specific: to understand how the process of titling quilombola communities in the State takes place. To this end, it is necessary to analyze the legislation related to the theme, both at the federal level and at the state level; analyze which legal and technical administrative obstacles make it impossible to issue the collective domain title of quilombola communities; verify which paths the process takes from the beginning to its completion; verify which violations of rights these quilombola communities experience daily in the face of slowness in the titling process. The work is divided into three sections: we work on the right to the territory of quilombola communities from the legislative guarantees that cover the theme and the search for the legal (in)visibility of these communities in the struggle for land regularization of their lands, as well as the definition of quilombola territory and its effectiveness from the Federal Constitution of 1988. We also analyze the self-declaration of quilombola communities, supported by ILO Convention 169 and Decree No. 4,887/2003, as well as the analysis of ADI No. 3,239/2004. In the second section we analyze the mechanisms for titling quilombola communities at the federal and state levels, which is the responsibility of the land agencies INCRA and ITERPA. In the third section we analyze the obstacles that make it impossible to complete the processes of titling quilombola territories, in progress at INCRA and ITERPA. Understanding the importance of the right to quilombola territory formally guaranteed at the international and national levels, we affirm that the discussion on the obstacles to the conclusion of the processes of recognition of quilombola lands as a violation of human rights is academically and socially relevant. This is an action research method, developed through the collection of data from land agencies operating in the State of Pará. The methodology used is the analysis of the titling procedure carried out by INCRA and ITERPA, regarding the land regularization of quilombola territories from the questioning of the difficulties faced by the agencies in the titling process. The dissertation uses deductive reasoning with the bibliographic survey, legislative, jurisprudence and doctrine.