DIREITO AO TERRITÓRIO E OMISSÃO ESTATAL: RESPONSABILIDADE CIVIL DO ESTADO NA REGULARIZAÇÃO DAS TERRAS DO QUILOMBO DO IPIRANGA – CONDE/PB

Abstract

The regularization of quilombola land tenure in Brazil is a complex and unresolved issue, reflecting the historical mission of the State in enforcing the territorial rights of these communities. The Federal Constitution of 1988, through article 68 of the Act of Transitional Constitutional Provisions (ADCT), guaranteed the remaining quilombo communities the right to definitive ownership of technologically developed lands, regulated by Decree No. 4,887/2003. However, the implementation of this right has been marked by bureaucratic issues, political resistance and legal uncertainty. Given this scenario, this paper analyzes the civil liability of the State for the failure to regularize the land tenure of quilombola communitie of Ipiranga, focusing on the decision of the Inter-American Court of Human Rights (IACHR) in the case Comunidades Quilombolas de Alcântara v. IACHR. The study addresses the historical trajectory of the quilombola struggle for territory, the normative frameworks that guarantee its protection and the challenges faced in land regularization. Furthermore, the civil liability of the Brazilian State is investigated, based on the theory of administrative risk and the official obligations to guarantee the titling of quilombola lands. The Alcântara Case is investigated as a highly relevant legal precedent, consolidating the understanding that the State's slowness in land regularization constitutes a systematic violation of human rights. The IACHR's warning of Brazil requires the State to adopt concrete measures to repair the damage caused to quilombola communities and provisions that can be applied in other similar situations. Thus, this study demonstrates that the IACHR's decision can strengthen the struggle of quilombola communities for the titling of their lands, enabling new legal strategies to hold the Brazilian State accountable.