Figurative Human Rights: the experience of Rio Grande do Norte in the demarcation of quilombola lands
Quilombola communities; Territorial rights; Figurative rights; State bureaucracy; Coloniality of power.
This thesis presents a critical analysis of the land regularization processes of quilombola communities in the state of Rio Grande do Norte, through the lens of the Critical Theory of Human Rights. The research is grounded in the recognition that, although Article 68 of the Transitional Constitutional Provisions (ADCT) of the 1988 Federal Constitution granted remaining quilombo communities the right to the definitive ownership of their traditionally occupied lands, the enforcement of this right remains hindered by structural and institutional barriers. The central objective of the study is to understand the factors that limit the concrete implementation of these rights, highlighting the mechanisms of symbolic domination, bureaucratization, and state invisibility that affect the titling processes. The methodological approach is qualitative, theoretical-documentary, and analytical in nature, based on the examination of twenty administrative land regularization processes concerning quilombola communities located in the state of Rio Grande do Norte, all ongoing until 2018. The study is complemented by a critical review of the legal framework and institutional practices involved. The theoretical foundation draws on contemporary Critical Theory authors such as Joaquín Herrera Flores, Boaventura de Sousa Santos, David Sánchez Rubio, Hélio Gallardo, and Frantz Fanon, articulating debates on coloniality, legal exclusion, and quilombola resistance. The research findings demonstrate that the Brazilian State, despite the legal recognition of quilombola rights, operates selectively and ineffectively in the implementation of land policies, contributing to the production of a racialized citizenship and the reproduction of historical inequality. It concludes that quilombola rights largely remain in the realm of the figurative, and that their realization requires an ethical, political, and institutional reconstruction of the role of the State in responding to the demands of traditional peoples.