Autoidentificação como critério de pertencimento quilombola: análises de como pensam os quilombolas e os tribunais.

Abstract

The present study discusses the legitimacy of quilombola self-allocation in the process of demarcating the areas inhabited by remnants of the “Terras de Mucambo”. To this end, it will start with a historical approach about blacks and quilombola in Brazilian society. At this point, literature will be present as a means of understanding the process of marginalization of blacks in Brazil. The basis for this first approach will be Florestan Fernandes and his study on the 'myth of racial democracy'. Still talking about black people in Brazil, it will be understood what the quilombo is, as well as the attempt to build black citizenship. Then, self-identification, its definitions and the recognition of its link with memory will be addressed, as a way to reconstruct the present as a form of social justice. The base here will be Walter Benjamin and his studies on memory and historical narrative. The presence of self-recognition in Brazilian law, on a constitutional basis, and in international law will be demonstrated. Thirdly, research is carried out in the precedents of Regional Federal Courts and Superior Courts in order to verify how the Judiciary deals with the issue of self-attribution. Finally, a series of interviews conducted by FIOCRUZ with quilombola remnants was analyzed, in which the main assumptions made during the entire work were confirmed.