Interveniências do Estado e o Direito ao Território Quilombola na Zona da Mata Mineira

Abstract

The concept of quilombo (re) appears in the ambit of the brazilian legislation since the promulgation of the 1988 Federal Constitution, which, it is possible to observe possible changes in the interpretation of the phenomenal of quilombagem by the Brazilian state. Thus, the present research aims to understand and to identify how and what are the relations existent between the quilombola communities and the state, highlighting those related to the seek for the effectiveness of the precepts established in the Article 68 of the Transitional Constitutional Provisions Act regarding the titling of the quilombola territories. Under the precept of the qualitative research, the apprehensions obtained through the participant observation and through the achievement of interviews with representatives of organs and entities of the public power and civil society, such as quilombolas leaderships and organizations related to the quilombola cause constituted in a fundamental theoretical and methodological contribution that prompted me to the new insights on the interactions of the subjects discussed here. Therefore, it was veryfied the dual and contradictory way that the state apparatus is positioned about the promotion and guarantee to the constitutional and fundamental rights present in the Federal Constitution in the course of progressive governments in force from 2003 to 2016. So, it is noted that the bureaucratic, administrative and political slowness characteristic of the performance of the Brasilian state itself, faces the the emergence of new strategies from the quilombola movement, which has been creating alternatives and new alliances with the objective of fomenting and strengthening the guidelines and demands towards the state apparatus.