Antropologia e Direito: realidades fundiárias nas comunidades quilombolas em Livramento - PB.

Abstract

This work is the result of the ethnographic research activities carried out in three quilombola communities: Areia of Verão, Sussuarana and Vila Teimosa, located in the state of Paraíba, Western Cariri region of that state, Livramento city. The debate on quilombola territories, as well as the question of land as a whole, is something to be solved in Brazil, the country of hereditary captaincies. In this sense, we pose as a research problem to analyze the obstacles to operationalization of Decree 4.887 / 03 that regulates the procedure to identify recognition, delimitation, demarcation and titling of lands occupied by remnants of communities of quilombos dealt with in Article 68 of the Act of Transitional Constitutional Provisions. For this we describe the process of occupation of the territories of the communities; we briefly review the history of struggle and resistance of the black people in search of securing the land for their social reproduction and examine the process of political articulation of the communities, the difficulties and the strategies of action in the search, guarantee and effectiveness of their rights. The study we carry out is justified in the need to demonstrate the various forms of manifestation of the movement of the shaking, as well as of the landed variation of these spaces. Moreover, it is extremely relevant to discuss the approach that the legal norms have given to the territorial rights of quilombola communities in the same way that it is crucial to verify if the legal instruments that deal with the matter have sufficient scope in view of the variation of the facts and Law, just like the three research communities that resulted in this work. The three communities revealed three spaces that, although geographically close to each other, had different trajectories of territorial occupation. In addition to revealing that certain situations that impede the operationalization of decree 4,887 / 03 go beyond the sphere of bureaucracy, entering into interpersonal relationships that were constituted among the subjects of those communities over years of work and mutual coexistence. This is how we contribute to the debate about the land realities of the quilombola territories.