QUILOMBOLAS AND THEIR RIGHTS IN THE CONSTITUTION

Abstract

The right of african descendants quilombolas is linked to territoriality, in a inclusion relationship. This is not a civil concept of property: territory must be understood as a place of belonging, relating to identity and cultural dynamics. This study aims to discuss the fundamental right of quilobolas titling of lands traditionally occupied by them, as well as its right to cultural identity. The goal is to reflect about the concept of quilombola communities, in a epistemological environment of a multiethnic state. We tried to discuss the fundamental that underpin quilombolas protection. Besides the theoretical reflections on the relationship between cultural identity, multiethnic state and rights, it was made brief study on the Direct Action of Unconstitutionality 3239-9, questioning Decree 4887/2003 and the self- applicability of art. 68 ADCT (CRFB/1988).