Protocolos comunitários-autônomos de consulta e consentimento quilombolas: direito e negacionismo

Abstract

Quilombolas throughout Brazil scream in pain! The pain of the struggle for their existence and the recognition of their identities. Plucked from their ancestral land, the mother Africa, blacks were kidnapped and at the hands of the European colonizer they arrived at what we call Latin America. In Brazil, they resisted slavery. In the past, Quilombos were a symbol of flight and of the struggle against the oppression of the colonial world / modern system, today they present themselves as opposition to the regime of exploitation of nature by capital. This paper deals with the “Community-Autonomous Protocols for Prior, Free and Informed Consent and Quilombola Consultation” created by communities as instruments of territorial defense and their identity. Through them, they intend to exercise their right to self-determination, externalized by the process of consultation and prior, free and informed consent provided for in Convention no. 169 of the ILO, and other international legal instruments. Through discourse analysis and content analysis, using theoretical research and bibliographic research, our research object comprises the Quilombola Protocols raised between the years 2014 and 2020. It is intended to investigate the legal nature of the Protocols, their legal strength and binding efficacy based on Carlos Wolkmer's “Community-Participatory Legal Pluralism”, as well as the discourse of public institutions on its legitimacy and its use as an expression of ethnic identities, racial citizenship, and for the resolution of socio-environmental conflicts produced in environmental licensing. Based on the analysis of the Protocols, we establish the elements and assumptions of the administrative consultation and consent process, which must be carried out by the government whenever an administrative act or law comes to affect or impact Quilombola Communities. As central categories, we use the Theories of Identity, Ethnicity, Deconstruction, Social and Environmental Justice, Racial Citizenship, Decolonial, the Right to Self-Determination, Constitutionalism experienced in the American Continent and the Quilombism of Abdias Nascimento. Boaventura helped us to understand the social conflict between dogmatics of colonial modernity and dogmatics experienced by subordinate subjects. The Protocols are intended to be the appropriate means to be followed by the State in carrying out the Prior, Free and Informed Consultation and Consent process.