DIREITOS TERRITORIAIS E RACISMO ESTRUTURAL: O CASO DAS COMUNIDADES QUILOMBOLAS DE ALCÂNTARA NA CORTE INTERAMERICANA DE DIREITOS HUMANOS

Abstract

The purpose of this dissertation is to assess the relationship between the implementation of large-scale projects in ethnic territories and the effectiveness of reparatory measures ordered by the Inter-American Human Rights System, through an examination of territorial conflicts arising from Decree No. 7,820/1980 and an analysis of the political and institutional obstacles that hinder the enforcement of international judgments within the Brazilian legal system. The research is interdisciplinary in nature and adopts a qualitative approach, comprehensive and reflective in character, utilizing deductive and monographic methods, operationalized through a bibliographic survey and documentary analysis, with particular emphasis on the November 2024 Judgment of the Inter-American Court of Human Rights (IACHR) and documents from the New Social Cartography Project. The results indicate that the IACHR’s jurisprudence, through an evolutionary interpretation, guarantees the right to collective property and prior consultation, equating quilombola communities with tribal peoples. In contrast, the establishment of the CLA, grounded in structural racism and the narrative of demographic vacuum, has caused forced displacements, food insecurity, and the severing of ancestral ties, creating a scenario of cultural genocide. An analysis of compliance with the recent ruling reveals institutional efforts, such as the “Viva Alcântara” Project and settlement agreements for the titling of 78,105 hectares, but points to persistent challenges in the regularization of agrivillages and the implementation of structural reparations due to bureaucratic obstacles and the state’s selective approach. It is concluded that the research hypothesis was confirmed, demonstrating that the state’s mercantile logic generated systematic violations, and that the effectiveness of international decisions in Brazil depends on overcoming institutional resistance and consolidating conventionality control to ensure full reparation and the protection of quilombola territorial rights.