SIZE Diminuir tamanho da fonte Aumentar tamanho da fonte
Highlights Print

Brazilian Federal Supreme Court (STF) guarantees land ownership to Quilombola communities

By majority vote, the Brazilian Federal Supreme Court (STF) declared the validity of Decree 4.887 / 2003, thereby guaranteeing the titling of lands occupied by remnants of the quilombola communities. The decision was taken at the session on Thursday (8), at the Direct Action for the Declaration of Unconstitutionality (ADI) 3239, dismissed by eight Justices.

The lawsuit was filed by the Liberal Front Party (PFL), currently Democrats (DEM), against Decree 4.887 / 2003, which regulates the procedure for identifying, recognizing, delimiting, demarcating and titling the lands occupied by remnants of quilombo communities. The legend pointed to several unconstitutionalities, among them the criterion of self-attribution established in the decree to identify the remnants of the quilombos and the characterization of the lands to be recognized to these communities.

For the Chief Justice of the Supreme Court, Justice Carmen Lúcia, the allegations of unconstitutionalities against the decree are unfounded. She pointed out that the constituent legislator recognized the definitive ownership of the lands by the Quilombolas, and it was up to the state to comply with that determination. In his view, the criteria listed by the contested decree for the definition of communities are in accordance with the constitutional text.

Read more: STF garante posse de terras às comunidades quilombolas

Contact us
Praça dos Três Poderes - Brasília - DF - Brazil - Zip Code 70175-900 Phone: 55.61.3217.3000