The Quilombo Brotas and the City of Itatiba: Power, Labor and Freedom in a 200-Year Constitutional Conflict
This thesis investigates the 200-year conflict between Quilombo Brotas and the city of Itatiba, using it as a lens to examine the interplay of land rights, historical narratives, and social structures in Brazil. Grounded in Cornelia Vismann’s legal theory, it analyzes the quilombo as a site of resistance and autonomy, contrasting it with the plantation-based city. Through the concepts of power, labor, and freedom, the study critiques early historiography, such as Eugenio Joly’s Noticia Historica, for perpetuating narratives that overlook the quilombo’s foundational role. The research highlights the construction of Itatiba as a space for white elites during slavery and postabolition, analyzed through figures like Erasmo Chrispim and Senator Antonio Franco de Lacerda. Conversely, it examines the quilombo's Black community through Amélia Gomes de Lima Barbosa’s life, emphasizing resistance and the creation of Black citizenship. Focusing on the legal battle for quilombola territorial recognition, the thesis explores Article 68 of Brazil’s 1988 Transitional Constitutional Provisions Act, which recognizes quilombola land ownership upon proof of land occupation dating back to slavery—a challenge for communities like Brotas, existing largely outside formal state systems. By reclaiming historical narratives and leveraging “counter-memory,” the quilombo reframed property norms and secured constitutional land rights. This work contributes to historiography on slavery and quilombos while advancing legal sociology by revealing the tension between law’s formal criteria and socio-historical realities. It underscores how marginalized groups reshape constitutional frameworks, offering insights into addressing historical injustices through law.
Quilombo, Quilombo Brotas, Constituent Power, 1988 Constitution, Constitutional Sociology