A construção histórica, teórica e jurisprudencial dos territórios dos remanescentes de comunidades quilombolas

Abstract

The present research analyzes the social function of the ownership of territories occupied by remnants of communities and the task of quilombola legislation, especially Art. 68, of the ADCT and the dictates of Convention 169, of the ILO, as well as judgments of higher courts and national legislation relevant to the subject. To this end, the historical landmark of the first forms of recognition, identification and titling of communities, recognition of recognition, identification and titling of communities, recognition of the importance of protecting quilombola communities will be scrutinized. It will be adopted as a theoretical reference of property on the foundations and its updating as a justification for respecting the right to territory to communities as a condition of their freedom to be respected by the State. The research will be developed through qualitative and bibliographical research, which are the homelands and the Inter-American Human Rights, as well as documents and reports on a topic in vogue Court, in order to arrive at other books, which are, to be used several books that the current norms that regulate the titling of quilombola lands must be interpreted according to the teleological interpretation, considering not only the matter of the land, but, more than that, the sentimental, religious and fraternal value that the quilombola territories represent for the its remnants; and that it is necessary to create public policies capable of mitigating the historical marginalization.