Abstract

MENDES, Frederico Ribeiro de Freitas  and  CASTRO, Matheus Felipe de. The Supreme Federal Court of Brazil and the case of the lands occupied by the kilombolan remanescents. Case study from the direct action of unconstitutionality n. 3.239-DF. Cuest. Const. [online]. 2020, n.43, pp.515-538.  Epub Dec 13, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.43.15193.

The Federal Supreme Court of Brazil has been facing controversial issues in the area of fundamental rights, including the rights of peoples and cultures in a multiethnic and plural nation. The present study aims to contribute to the legal discussions that involve the question of lands occupied by the remaining quilombolas in Brazil. Therefore, the study will analyze the judgment of the Direct Action of Unconstitutionality n. 3,239-DF, which was processed in the Brazilian Supreme Court, and the possible legal and social reflexes provoked by the decision. Structured through the inductive method, it seeks to describe the procedural development of the case and its spe-cificities. It examines the voting vote of the debate, as well as explores the controversial aspects of the divergent votes. Proceed in the re-reading of the arguments launched by the judges ministers and that based the final decision of the Federal Supreme Court of Brazil, correlating it with possible controversies in its accomplishment.

Keywords : fundamental rights traditional people; demarcation of Lands; remaining quilombolas; Federal Court of Justice; Brazil.

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