Terra versus território: uma análise jurídica dos conflitos agrários internos na comunidade Quilombola Kalunga de Goiás

• Autor(a) principal: Dias, Vercilene Francisco
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/9607
• topic: Quilombo Kalunga; Disparidade jurídica; Conflitos internos; Territorialidade e política de regularização fundiária; Legal disparity; Internal conflicts; Territoriality and land tenure regularization policy; Quilombo Kalunga; OUTROS::CIENCIAS SOCIAIS

The present work had the purpose of investigating the internal conflicts in the Kalunga community, generated mainly by the disparity in its land regularization. In the first chapter, we sought to make a historical and conceptual approach to the formation of quilombos, from the African diaspora to its constitution in Brazil, reflecting on the reality of the blacks, between the slave trade and the current reality of the quilombolas, striving to emphasize the resistance they represented at the time of slavery and its (re) significance today, which - even centuries ago - continue to represent a space of resistance. In addition, it used a conceptual approach of land, territory and quilombolas territorialities to understand the relation of the quilombola people with the land / territory, emphasizing the importance of the earth for its physical, social, cultural and economic reproduction and as its rights are violated daily by those who should protect them. In the second chapter, the discussion was tapped, directing it to the Kalunga Quilombola Community and its internal conflicts, using the description of historical and conceptual aspects of the community, as well as of the existing conflict within the Kalunga territory due to the inversion of territorial logic, provided by the disparity in land regularization, which, at first, was a state policy implemented by the Goiás Institute of Agrarian Development (IDAGO), which subverted collective land to private property, disregarding the relation of these peoples to the collective the Federal Constitution of 1988. Finally, the third chapter analyzes whether the legal instruments for land regularization are efficient and account for the complexity of the Kalunga territory, as well as the disparities between the various normative diplomas s provisions on the right of the quilombolas to the territory and the performance of IDAGO in granting individual titles, targets of discord within the Community. The possible legal and customary paths adopted by the State and the community to try to solve this current imbroglio in the community were also verified. In order to perform this work, a qualitative approach was used, through primary documentary sources and interdisciplinary bibliography seeking to identify the contextuality, complexity and correlation of subjects to understand the magnitude of their legal phenomena, drawing a correlation between the historical and cultural social approaches, from the perspective of the land regularization of the Kalunga territory, from what was formerly a state policy, becoming a federal policy, highlighting the state's intention when it began granting individual titles. In this way, the research proposal was based on the legal disparities of the title of the quilombolas territories in the Kalunga Community as a vector of internal conflicts in the Community, as well as empirical and ethnographic research, subsidized by the the author of this work, which belongs to the Kalunga community.