Um jogo de cartas marcadas? : Análise de conteúdos jurídicos a partir da Comunidade quilombola pesqueira vazanteira de Caraíbas

Abstract

The present work analyzes the disputes established in the legal field involving the Quilombola Pesqueira and Vazanteira Community of Caraíbas and the regularization of national lands in the basin of the São Francisco River in Northern Minas Gerais. The community of Caraíbas is located on the left bank of the São Francisco River, just over 10 kilometers upstream from the city of Pedras de Maria da Cruz. The traditional occupation of this Community, in addition to highlighting certain dimensions of environmental conflicts in the North of Minas Gerais, also raises the issue of constitution, appropriation and regularization of lands under the national domain. In the face of this Community, two lawsuits were filed by owners of farms that overlap [and dispute] the traditional territory of the Community of Caraíbas. In methodological terms, we opted for a qualitative basic research approach, anchored in literature review and documental research. Through the literature review, we dialogue with the interfaces that allow the configuration of a conception of the socio-environmental function of the national heritage, in northern Minas Gerais São Francisco River Valley, and we identify the elements that constitutes the structure of the land regime and that cross the theme of traditional occupation of riverside communities. The documentary research was carried out through the analysis of content taken from the indicated judicial proceedings. As results, we present a synthesis of the arguments filed by the conflicting farmers, exercising a controlled interpretation of the content they carry. We also explain the role of the Judiciary Branch, listing reflections on the decisions handed down until the end of data collection, the changes in competences for the judgment of these judicial demands, and the effects of this action. At the end, we address the contradictions and challenges in the legal field around the regularization of national lands traditionally occupied by the Community of Caraíbas.