Law as an instrument of cultural preservation: a socio-legal analysis of the recognition of the quilombola community of Vargem Comprida (BA) as a remaining kilombo land

• Autor(a) principal: Freitas, Karollayne Nunes dos Santos
• Data de Publicação: 2021
• Outros Autores: Santos, Raphael de Souza Almeida
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito da Faculdade Guanambi
• Texto Completo: https://portaldeperiodicos.animaeducacao.com.br/index.php/RDFG/article/view/13953
• topic: Direito das minorias. Etnicidade. Identidade. Laudos Antropológicos. Quilombos.; Minority law. Ethnicity. Identity. Anthropological Reports. Quilombos.

CONTEXT: This article intends to analyze the acting of Law as an instrument of cultural preservation of the Quilombola Community of Vargem Comprida (BA), particularizing the essential characteristics of the community based on quilombola identity and recognition, so that it is questioned if the Quilombola Community of Vargem Comprida (BA) has legal support for the preservation of culture and identity as a remaining quilombo community, considering the criteria for demarcation, titling and certification of lands. OBJECTIVE: It aims to analyze the recognition of the Quilombola Community of Vargem Comprida (BA) as a remaining quilombo land based on socio-legal aspects, specifically, on the understanding of ethnic identity for the promotion of cultural preservation and the issuance of property titles, considering the legal perspectives of art. 68 of the ADCT, Decree nº. 4.887/2003 and Ordinance nº. 98/2007. METHOD: The deductive approach method was used, based on a bibliographic procedure, focused on exploratory and documentary research based on a selection of qualitative data encompassing the study of the concrete case. RELEVANCE / ORIGINALITY: Legal discussion is necessary to delimit fundamental points of the quilombola issue today, taking into account the particularities of the ethnic-traditional group based on the history of struggle and resistance to oppression, which characterize the identity of the remaining quilombos and enable the debate about the mechanisms used for the cultural preservation of the Quilombo Community of Vargem Comprida (BA). RESULTS: The theoretical parameters that underlie the legal basis of the quilombola issue are hampered by obstacles in the realization of fundamental rights, specifically, the right to property, making the legal implication essential for anthropological socio-legal analysis of the importance of quilombola communities in Brazilian contemporary. It is understood that the effectiveness of fundamental rights inherent to quilombola communities is neglected by the State, since the issuance of the respective property titles is carried out late. Finally, for the recognition of the quilombola community, it is necessary to certify and issue the respective titles based on the aspects of ethnic identity, cultural tradition and social particularity of the quilombola remnants. THEORETICAL / METHODOLOGICAL CONTRIBUTIONS: The historical-cultural perspective that encompasses the traditional aspects of the Quilombola Community of Vargem Comprida (BA) indicates that the interaction between legal knowledge and anthropological knowledge is a viable basis for the methodological discussion on the need to observe reports anthropological aspects to characterize the identity of a people, considering the importance of foment juridical, socially and legally the fundamental rights of quilombola communities.