Quilombos no Brasil : uma análise jurídica no quilombo do Morro Alto e seus desafios contemporâneos.

Abstract

This monograph addresses a legal analysis of the quilombo of Morro Alto, located in the state of Rio Grande do Sul – RS, more precisely in Maquiné, where the main contemporary challenges that this community faces are analyzed, from aspects such as ethnic identity, social and political organization, culture, traditions and territory, as well as the historical context. Its general objective is to carry out an analysis of the legal framework related to the rights not only territorial, but also cultural, of the quilombola community of Morro Alto, in order to identify the contemporary challenges faced in obtaining their rights, with the aim of presenting the laws that guarantee the protection and recognition of this community. Thus, the problem identified is centered on the following question: “In what way has the Brazilian legal framework proven effective in guaranteeing the territorial and cultural rights of the quilombola community of Morro Alto, and what are the main contemporary obstacles that prevent the full realization of these rights?”. The methodology used was a deductive historical literature review. The results obtained show that the historical trajectory and evolution of the quilombo concept reveals its centrality as a form of resistance to slavery and a space for the preservation of Afro-Brazilian cultural identity. Legal recognition, although late and with challenges in its implementation, represents a crucial advance in guaranteeing the territorial and cultural rights of these communities, impacting the formation of national identity. Thus, it is concluded that quilombos, from their origin as refuges for slaves to their contemporary configuration as ethnic communities, have guaranteed rights and play a fundamental role in the history and identity of Brazil. The struggle for recognition and guarantee of their territorial and cultural rights continues to be essential for the promotion of social justice and for the appreciation of the diversity that makes up the Brazilian nation.