Comunidades remanescentes de quilombos: da escravatura à disputa contemporânea por seus territórios tradicionais

Abstract

The present work concerns the question of the traditional territories of the remaining quilombo communities and their historical process of formation, organization and resistance. The historical path goes from the emergence of slavery in the history of ancient societies to contemporary ones, explaining the processes of legal, religious, philosophical legitimation. African enslavement in Brazil, the process of exploitation, the resistance of the enslaved, their forms of organization and struggles for freedom and living conditions make up the explanatory nexus of this thesis, discussing racism as a founding element of the slavery implanted here and the difficulty for part of society and the Brazilian State to recognize the existence of quilombos remnants. In this regard, intense bibliographic research was carried out on the long period studied in general and Brazilian history, demonstrating that the law in its various forms of manifestation is present throughout the slavery period, legitimizing ethnic and institutional racism, and property, which its extreme is the appropriation of another human being. A survey of ancient, medieval, modern and contemporary legislation was carried out, in addition to a vast literature accompanying each of these phases, which made it possible to substantiate the thesis that as long as the various forms of discrimination persist, land concentration and institutional racism will never be the effective titling of the traditional territories of the remaining quilombo communities is possible, since there is a systematic fight against the rights of these communities, either to revoke the protective legislation, or to create bureaucratic mechanisms that hinder or prevent the realization of quilombola rights. As a methodological procedure, the deductive method was adopted as a possibility to understand the genesis of slavery, from its beginnings to abolition in 1888 and the emergence and affirmation of quilombola communities at the same time. Along this route, three characteristics present in the ruling classes were identified, which accompany the entire process of enslavement, abolition and recognition / denial of the rights of the remaining quilombos: racism, patrimonialism and patriarchalism, which are evident in the abysmal distance between the number of existing communities, the number of certified communities, the number of lawsuits filed compared to issued titles, in contrast to the historic and current struggles of these communities for recognition, visibility and the right to their traditional territories.