O processo de titulação quilombola no Maranhão: morosidade no cumprimento do art. 68 do Ato de Disposições Constitucionais Transitórias

Abstract

The purpose of this study is to explore the main aspects of the administrative process of quilombola land titling, covering the whole country, but focusing on the process in Maranhão. The aim is to understand the progress of the land regularization of the remaining quilombo territories and what factors impact on the pace of the procedure. To do this, it was necessary to outline a brief historical overview of quilombola communities and their invisibility in the lines of hegemonic norms, passing through their inclusion in the 1988 Federal Constitution and the sequential joining of rights that legally strengthen their right to territory, focusing above all, in addition to art. 68 of the Transitional Constitutional Provisions Act of the Federal Constitution, on Convention 169 of the International Labor Organization and Decree 4.887/2003. Afterwards, we presented data on the pace of the procedure, based on information provided by the Maranhão Land Institute (Iterma), the National Institute for Colonization and Agrarian Reform (Incra) and the IBGE's 2022 Census. In terms of methodology, this research is exploratory in nature, with quantitative and qualitative analysis of the issue and data collection through bibliography and documents. The collection of this data is considered essential for its subsequent translation by analyzing the factual factors that influence this procedural delay and, consequently, the lack of compliance with established constitutional duties. It was concluded that the main causes derive from the difficulties encountered in delimiting the territory in the face of conflicts with other interested parties, the political interest itself in promoting quilombola policy, the length of time it takes to hear appeals and the low budget transfer. The results therefore focus in detail on the reasons for the slow pace of the titling process