Judiciário e Constituição Federal de 1988: interpretações sobre o direito à propriedade privada face à reforma agrária e ao direito ao território quilombola

Abstract

The article discusses the interpretation of the judiciary on constitutional provisions regarding land reform and settlement of territories reminiscences of quilombos in Brazil. The Constituent Assembly 1987/1988, which resulted in the current constitutional text, was marked by disputes in these areas, captained by representatives of landowners and small landowners and squatters, social movements fighting for land and militant black movement so that the constitutional text is a reflection of these disputes and crystallization of the same, which is again brought up at the time of regulation by the legislative and constitutional interpretation by the judiciary. Through the study of land conflicts in Rio de Janeiro, with the lens of analysis of fighting lawsuits for conducting the policy of reform and regularization of the territories of former quilombolas communities, we want to understand how the disputes over the interpretation constitutionally established land rights have developed in the years following the Federal Constitution. The approach of the two themes, initially different, the authors started from the perception that both are related from the look on similar procedural tactics used by actors in disputes over land and territory, which are described in our research.