Banca de QUALIFICAÇÃO: RENATA PRISCILA BENEVIDES DE SOUSA

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : RENATA PRISCILA BENEVIDES DE SOUSA
DATE: 15/06/2023
TIME: 15:00
LOCAL: Presencial e remoto
TITLE:

IN THIS LAND THERE ARE QUILOMBOS: TITLING, COLLECTIVE PROPERTY AND THE CONCESSION OF THE COLLECTION OF CHESTNUTS IN THE AREA OF THE TROMBETAS BIOLOGICAL RESERVE

KEY WORDS:

TERRITORY; PROPERTY; JUDICIAL CARTOGRAPHY; LEGAL ANTHROPOLOGY; TROMBETAS RIVER BIOLOGICAL RESERVE.

PAGES: 51
BIG AREA: Outra
AREA: Ciências Ambientais
SUMMARY:

Common use property, also known as collective property affects the recognition of constitutionally guaranteed quilombola land rights, has its origins in a conflicting field that involves historical cultural, political, economic and legal aspects, in such a way that the acquisition of quilombola property by fair title issued by the State does not end the demands for the demarcated lands, because from the conference of the property, one faces, sometimes, the insecurity of the limitations of the right conquered by the communities, being in charge of a forcible harmonization of interest the indication for better use of the land and its resources, in addition to the authorization of entry, passage and extraction activities by “non-land owners”. The fight for an effective guarantee of quilombola land and property rights is an arena for debate in communities, associations, platforms and courts. In the judiciary, there are 900 judged with descriptors of: quilombola identity; quilombola territory; decree nº 4887/2003 and quilombola property, handed down in the Federal Supreme Court, Superior Court of Justice and Regional Court of the 1st Region. Of the 900 decisions that make up the object of analysis of this work proposal, 132 are Judgments, 739 are monocratic decisions, 29 are case law reports, with the largest number of Judgments delivered at the Regional Court of the 1st Region, with 111 decisions. In order to reach the reflection on the right of quilombola collective property, this work is proposed in 5 articles of result with support of quantitative research in the search engines of jurisprudence in the courts, with the perspective of achieving the accomplishment of a legal ethnography in which the judicial decisions will be the field of qualitative analysis, associated with Public Civil Action No. 1000631-20.2018.4.01.3902 which seeks the granting of nut extraction activity on quilombola lands with conferred ownership. Article I deals with the reflection of property rights in the area of the Alto Trombetas Biological Reserve. Article II evaluates the abstraction of collective property: scope and limits in the Alto Trombetas Biological Reserve. Chapter III studies the chestnut (dis)agreement: the instrumentality of the will of the parties. Article IV will present the conditions for carrying out the ethnographic technical expertise in public civil action 100631-60.2018.4.01.3902 with an approximation approach between anthropology and law as measures of judicial interpretation. Chapter V will present the result of the cartography of judicial decisions: the quilombola territorial issue in the Alto Trombetas biological reserve area. Preliminary results indicate that it is necessary to face the issue of collective property beyond the abstraction of law with the necessary approximation of anthropology to build a robust inventory of anthropological technical expertise, enabling a fairer interpretation with the reality of the judicialized issue.

COMMITTEE MEMBERS:
Presidente - 1446230 - LUCIANA GONCALVES DE CARVALHO
Interno - 1693122 - SERGIO DE MELO
Interno - 1190535 - JARSEN LUIS CASTRO GUIMARAES
Externa ao Programa - 1713679 - EDNEA DO NASCIMENTO CARVALHO - UFOPAExterna à Instituição - ERIKA GIULIANE ANDRADE SOUZA BESER