Dissertação

O direito ao território das comunidades tradicionais: o papel da Defensoria Pública na defesa de grupos quilombolas no estado do Tocantins

The objective of the Technical Report is to carry out an analysis of the situation of quilombola communities in the state of Tocantins due to the contradictions evidenced in the difficulties of materializing the right to the traditional territory provided for in the Federal Constitution of 1988 a...

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Autor principal: Gonçalves, Pedro Alexandre Conceição Aires
Grau: Dissertação
Idioma: pt_BR
Publicado em: Universidade Federal do Tocantins 2024
Assuntos:
Acesso em linha: http://hdl.handle.net/11612/6656
Resumo:
The objective of the Technical Report is to carry out an analysis of the situation of quilombola communities in the state of Tocantins due to the contradictions evidenced in the difficulties of materializing the right to the traditional territory provided for in the Federal Constitution of 1988 and in normative instruments of International Law. From a critical perspective, it seeks to expose the way in which the anthropological and legal fields interrelate to guarantee constitutional rights and the materialization of Human Rights in clear contradiction with the interests of Brazilian rural elites and the expansion of agribusiness, as well as the tensions faced by the remnants of quilombola communities in the struggle for the titling of their lands. The method for analyzing the reality and problems faced by communities was the dialectic associated with participant observation, seeking to bring to light the social contradictions observed in the course of professional action with communities in defense of constitutionally guaranteed fundamental rights and Human Rights. Therefore, the study identifies and analyzes - based on constitutional principles - the jurisdictional provision of institutions such as the Public Defender's Office and the Judiciary of the State of Tocantins in the face of conflicts arising from territorial disputes involving the interest of specific groups and possible violations of human rights. Humans. In the end, the results of the research and interventions that helped the work of the Public Defender's Office in dealing with the matter with the 45 quilombola communities of Tocantins, such as: 1) normative proposal presented to the Executive Power of the State of Tocantins to establish ethnic- races in public tenders; 2) proposal for the creation of the Specialized Nucleus in Ethnic Issues and Combating Racism of the Public Defender's Office of the State of Tocantins; 3) virtual photo exhibition “Quilombola Life: Tocantins ties and peoples”; 4) publication of scientific articles; 5) participation in scientific events and round tables to deepen the debates.