Quilombo Caiana dos Crioulos (Alagoa Grande-PB): pelo direito ao reconhecimento de ser quilombola

Abstract

This paper aims to analyze the process of struggle for land traditionally occupied by communities of quilombo remnants, especially the process related to the Caiana dos Crioulos Community, through the study of the legislation applied to the theme. For this purpose, a historical regression is made about slavery in Brazil, its formation and cultural significance of quilombos and a description of the characteristics of the Community of Caiana dos Crioulos, central object of this work. The recognition of the rights of quilombola communities, in particular, the title of the land they occupy, which came as an attempt to repair and mitigate the social injustices suffered by the black population over the years, emanating from the time of slavery, but still alive in the current reality. From art. Art. 68 of the ADCT, a landmark for such recognition, has come a long way, with alternation and changes in the rules that would regulate the process of titling areas traditionally occupied by communities such as the Caiana dos Crioulos Community. This alternation has caused the communities to be submitted to a long procedural path, waiting for years to achieve the right to land and to guarantee the possibility of survival and maintenance of their culture, for current and future generations. In this context, the legislation applied to the process is also analyzed, the judgment of ADI 3239 / DF, which sought the declaration of unconstitutionality of Decree No. 4,887 of 2003, the infra-constitutional standard matrix of the regulation of the procedure for identification, recognition, delimitation, demarcation and titling of lands occupied by remnants of quilombo communities. For the purpose of practical demonstration of the long procedural path, at the end, a step-by-step exposition of the procedures inherent to the administrative actions that have the object of the mentioned recognition is made, describing, in addition, the processing of the FCP processes n ° 01420.000267 / 98-23 and INCRA process n ° 54320.0000416 / 2005-57 and related, referring to the Community of Caiana dos Crioulos, with analysis up to the current stage it is in nowadays.