Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy

Right to Manifestation and Justice System: Threatened quilombola community has its right to cultural manifestation recognized in Rio de Janeiro

May 18th, 2018

The Quilombola community based on Santa Justina and Santa Izabel Farms, in the municipality of Mangaratiba, Rio de Janeiro State, registered on the spot since 1920, has been the target of threats from security guards, which have been preventing residents from leaving and entering. of people in the locality. This fact was experienced on April 20 by the delegation of the Public Defender's Office that planned to visit the community under the Project. The Ombudsman goes where the poor people are. At the time, federal defender Cláudio Santos and his team could only access the community through an alternative route to the main entrance, so without this measure the community would not have had the assistance of the DPU.

Compliant news from the Public Defender's Office, the community was certified by the Palmares Foundation in 2016, and there is already a process in progress at the National Institute of Colonization and Agrarian Reform (Incra), with the purpose of identifying, recognizing, delimiting, demarcating and titling the lands in favor of the remnants. of quilombolas located in the Santa Justina and Santa Izabel Farm areas in that municipality.

In a letter sent to INCRA, the Federal Public Defender's Office “informs that it was forbidden to access property (car access gate), with its staff, to serve the Quilombola Community Santa Justina / Santa Izabel. (…) It should be noted that the social action was only carried out because the members decided to follow another passage about three kilometers, and on foot ”.

Community_Kombombola3For Claudio Santos, “it is unacceptable to still live with behavior that violates the Constitution, the rights of quilombola communities and the prerogatives of the Public Defender. The case is serious and requires the attention of the public agencies involved. ”

Right to cultural manifestation

In addition to violating the residents' right to come and go, the same security guards, who report to the company that would have acquired the land in 2000, were threatening to prevent the festivities commemorating the May 13 - Slavery Abolition - in Quilombo, that would occur on 18, 19, and 20 this month. These threats led to legal action in which the State Public Defender, through the Center against Racial Inequality (NUCORA), sought to safeguard the community's right against the promised obstruction.

In his decision, Judge Marcelo Borges Barbosa admits that “he cares for a quilombola community that struggles to be recognized over the land they have occupied for almost 100 years and are part of the history of this Municipality and for the maintenance of the black culture that has done so much for growth of this country ”. And he continues: “There is not uncommon information about conflicts involving the purchasers of the said Farm and the Black Rights Protection Bodies. (…) It is with regret that, after 127 since the abolition of slavery, blacks have to rely on justice to enforce their rights. ” The judge also granted the anticipation of the tutelage determining a daily fine of five thousand reais to each one that hinders the festivity. A challenge now for the Ombudsman is the compliance and enforcement of the measure.

Right to Manifestation and the Justice System: ways to affirm the Democratic Rule of Law

WhatsApp Image 2018-05-17 19.24.30 atNUCORA's actions and the defense of the right to free expression, whether political, cultural or artistic, are examples of strategic actions that will be debated at the Right to Manifestation and Justice System Seminar, to be held at the Federal University of Paraná between June 20 and 22. Among its objectives, the seminar aims to bring together researchers, professionals and activists who research, work and act with themes related to the free exercise of the right to manifestation and present research results and experiences arising from professional, political and social activism interventions on these issues. Thematic

Visit the notice to submit experience reports and articles

Thus, the event will contribute to the discussion and dissemination of theoretical and practical knowledge on the subject, and especially to the creation and strengthening of a network that articulates at national level for political advocacy and strategic litigation.

The Seminar is open to the submission of papers and also reports of experiences such as this. Join in!