Os direitos territoriais dos povos e comunidades tradicionais: Quilombos no Triângulo Mineiro e Alto Paranaíba - Minas Gerais

Abstract

The purpose of this course is to examine the territorial rights of traditional peoples and communities, as expressed in international human rights law and Brazilian law, as well as the struggle to recognize and enforce the right to the territory of the Remnant Communities of Quilombos Triângulo Mineiro and Alto Paranaíba, in Minas Gerais. The research methodology is based on a bibliographical survey and empirical research, which indicated the absence of production on this topic within the scope of local legal research. It is an interdisciplinary research between history, law, anthropology, geography, political science and study of race relations in Brazil. The works of Beatriz Nascimento (1985, 2008), Flávio Gomes (2015), Tarcísio José Martins (1995) and Brazilian (2017) will be discussed as theoretical landmarks. Under international law, the proposal for multilevel protection of human rights and multilevel constitutionalism, ILO Convention 169 and cases in the inter-American human rights system will be examined; the constitutionalist perspectives of Ingo Sarlet (2012, 2015) and Daniel Sarmento (2008); and Anti-Discriminatory Law and Race Relations in Brazil, the jurist Adilson José Moreira (2017). In the area of territorial rights the contribution of the research comes from Antônio Carlos Wolkmer (2016), Chagas (2017) and Silva (2017). Primary sources and oral testimonies will be used from the Remnant Community of Quilombo Teodoro de Oliveira and Ventura Family. The analysis of cases on traditional peoples and communities in the Inter-American System of Human Rights takes place in a way that is correlated with current concrete cases in the region researched and attempts to contribute to the realization of the right to collective property and reparation for collective damages.