Private but public: assembling the notion of common usage land for the quilombo reminiscent communities in Brazil
This article analyses the process of regulating Article 68 of the Transitional Constitutional Provisions Act of 1988, which deals with land for the remnant Quilombo communities. We examine archival documents, such as bills, draft decrees, and decrees, that sought to regulate or regulated the article...
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| Main Authors: | , |
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| Format: | Online |
| Language: | Portuguese |
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Universidade Estadual de Campinas. Instituto de Filosofia e Ciências Humanas
2024
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| Subjects: | |
| Online Access: | https://econtents.sbu.unicamp.br/inpec/index.php/ruris/article/view/18596 |
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| Summary: | This article analyses the process of regulating Article 68 of the Transitional Constitutional Provisions Act of 1988, which deals with land for the remnant Quilombo communities. We examine archival documents, such as bills, draft decrees, and decrees, that sought to regulate or regulated the article. The text's main argument is that the constitutional regulatory process produced an unprecedented political notion of "quilombo remnant communities" that impacted the proper lands they occupied. Based on the constitutional association between land and culture, the right to the land the "remnants" occupied was produced and legitimised through the unprecedented notion of " common usage land". Out of this combination, the legal apparatus of the Brazilian state forged the possibility of living on private land, but inalienable meant and intended for common use only. |
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| ISSN: | 2317-1480 |
