Banca de DEFESA: IZADORA NOGUEIRA DOS SANTOS MUNIZ

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : IZADORA NOGUEIRA DOS SANTOS MUNIZ
DATE: 29/09/2025
TIME: 15:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3aJ72S4VNjIpGfS6_ihnK87a0PsDjdo4_smYJF_6me4rQ1%40thread
TITLE:

QUILOMBOLA TERRITORIES: DILEMMAS OF LAND GOVERNANCE AND COLLECTIVE TITLING

KEY WORDS:

Quilombola Titling; Collective Property; Land Governance; Land History; Rural Black Community.

PAGES: 326
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis critically analyzes the land regularization of quilombola territories in Brazil, emphasizing the dilemmas of land governance and the collective titling model adopted as the standard in public policy. It recognizes that inequality in access to land is a historical legacy of slavery and the absence of inclusive policies in the post-abolition period, consolidating a pattern of exclusion that spans centuries and remains evident in the difficulty of enforcing the quilombola constitutional right established in Article 68 of the ADCT. The central problem is to understand how the historical and contemporary structures of land governance compromises the implementation of collective titling, which is hindered by legal, institutional, federal, budgetary, and land-registry obstacles. The hypothesis is that the structural dilemmas of national land governance - such as property concentration, the persistence of idle lands, insecure land registries, the lack of definition of vacant lands, high transaction costs, and recurring conflicts - directly condition the implementation of quilombola land rights. In this context, the state's imposition of a single model of collective property, even conceived as a protective mechanism, proves insufficient to address the diversity of land tenure arrangements and may, in certain situations, encourage informal or illicit private transactions. The general objective of the research is to critically analyze the foundations and developments of quilombola titling policy in light of the structural problems of land governance, seeking to understand how such obstacles affect the effectiveness of art. 68 of the ADCT and shape the limits of the collective model. To this end, five specific objectives are pursued: to historicize the Brazilian land-legal trajectory and the exclusion of the Black population (Chapter 1); to problematize the legal model of quilombola collective property, in dialogue with Latin American experiences, international jurisprudence, and ADI No. 3.239/DF (Chapter 2); to examine the mobilization of the public sector, with attention to federal distribution, the budget, and evictions (Chapter 3); to construct a critical-historiographical periodization of land governance in Brazil (Chapter 4); and present practical recommendations to address the bottlenecks of quilombola titling (Recommendations Chapter). Methodologically, this is a qualitative, exploratory, and critical-analytical study. The investigation combines documentary and normative analysis - including ADI No. 3.239/DF and lower court proceedings - with institutional and budgetary analysis, based on reports from INCRA, FCP, IPHAN, IBGE, TCU, data from SIOP and the Transversal Agenda for Racial Equality, as well as interviews and consultations with public officials. The theoretical framework draws on contributions from Garrett Hardin, Elinor Ostrom, Clóvis Moura, Flávio Gomes, Ruy Cirne Lima, Ariovaldo Umbelino de Oliveira, Paolo Grossi, among others, articulating the constitutional foundations of quilombola law with a critique of state practices. The originality of this thesis lies in its integrated articulation of historical, normative, judicial, federal, and budgetary dimensions, interpreting the slow pace of quilombola regularization as a symptom of weak and selective land governance. By problematizing the collective model without rejecting it, the work proposes institutional paths more appropriate to the diversity of territories, contributing to the debate on territorial justice, the plurality of property regimes, and the limits of state responses to the historical debt owed to quilombola peoples.

COMMITTEE MEMBERS:
Interno - 1863338 - EVANDRO CHARLES PIZA DUARTE
Presidente - 1905321 - GUILHERME SCOTTI RODRIGUES
Interno - 321346 - MENELICK DE CARVALHO NETTO
Externa à Instituição - Manuelita Hermes Rosa Oliveira Filha - IDP
Externo à Instituição - PAULO AFONSO CAVICHIOLI CARMONA - UNICEUB