Territórios Quilombolas E Regime De Terras No Estado Do Tocantins: Um possível Estado de Coisas Inconstitucional

Abstract

The State of Tocantins has 42 communities recognized as remaining quilombo communities by the Palmares Cultural Foundation. However, only one territory has a definitive title of ownership granted to the community, which reveals and reaffirms the scenario of difficulty in realizing rights and violating the provisions of art. 68 of the ADCT of the CRFB/88. The objective of this work is to analyze the relationships between the territorial formation of Tocantins and the legal challenges faced by quilombola communities in the land regularization of their territories, highlighting how the lack of effective title perpetuates violations of fundamental rights and configures a possible unconstitutional state of affairs. Furthermore, the aim is to collect data regarding quilombola communities located in the state and document them, considering that due to the process of invisibility of traditional peoples and even due to the traditional oral communication of quilombolas, much of what refers to the communities has been lost or has not even been instituted as formal documentation. Searches were conducted in judicial and administrative bodies to prepare this study, and requests for access to documents based on the Access to Information Law were made to the National Institute of Agrarian Reform (INCRA) in order to understand the situation of quilombola territories in the state of Tocantins and the way in which they are processed. The method is divided into two parts: quantitative research, encompassing a survey of bibliographic and documentary data; and, later, qualitative research, focusing on the analysis of quantified data, based on documentary research procedures. It is concluded that, in Tocantins, the absence of collective property titles is not only a legal issue, but also a structural problem, resulting from the perpetuation of an exclusionary land model. Ensuring the right to land for quilombola communities is essential to preserve their cultural identity, history and ways of life. The study proposes that legal instruments, such as the ADPF, be used to demand the titling of territories, reaffirming the importance of effective public policies that ensure social justice and historical reparation.