Regularização fundiária dos territórios quilombolas: uma análise acerca da garantia dos direitos territoriais a partir dos processos de titulação quilombola no estado do Maranhão

Abstract

The present study aims to analyze the effectiveness in performing the titration processes of the territories occupied by quilombola communities at the national level and in detail in the state of Maranhão. It is intended to understand whether there is an effective and concrete guarantee of the territorial rights guaranteed to quilombolas. From this, the problem to be solved in the course of this monograph is extracted, which is to ascertain the effectiveness in carrying out the quilombola titling processes. To this end, it was necessary to address the territorial rights of the Quilombola population, under the bias of Convention 169, of ILO and from a constitutional perspective. In addition, to expose the Brazilian federal decrees that bring rights related to the quilombola territory, such as Decree n° 4,887 of November 20, 2003 and Decree n° 6,040 of February 7, 2007. This seeks to demonstrate that recognition and protection of the definitive ownership of the lands in which the quilombola communities occupy are ensured. After that, the process of titration of the territories occupied by quilombola communities was detailed when they involved areas of the federal scope, as well as in the territories to the Maranhão. Such exposures are justified by the fact that this process is the mechanism created by the State for the realization of the territorial right of definitive property to quilombolas. Going further, the reality about the titration processes of quilombola communities in Brazil and the state of Maranhão had been exposed, through data obtained from the analysis of official documents of the FCP, INCRA and ITERMA, with the scope of verifying the factual situation of the quilombola land regularization processes. Then, aiming to observe the consequences of the delay in the processing of the processes of titration of quilombola territories in the state of Maranhão, was addressed the context of the community Santa Maria dos Pretos and the Matões dos Moreira community. Finally, a correlation was made of all the exposed data and the effectiveness of the guarantee of quilombola territorial rights was examined, from a statistical analysis, accompanied by the presentation of challenges that threaten the rapid and effective implementation of quilombola titrations. Regarding the methodology used in this study, the hypothetical-deductive method was applied. Moreover, the research is exploratory and descriptive and used bibliographic techniques and documentary, applying a quantitative and qualitative approach. The results of this study allowed us to identify that the effectiveness in carrying out the titling of the quilombola territories is still small, with little speed.