Fachin gives government 15 days to present

Minister Edson Fachin, of the Federal Supreme Court (STF), ordered the federal government to present within 15 days a timetable for the completion of the quilombola land titling processes in the country. The determination also establishes that the Union must present goals and increase the resources necessary to carry out the order.

The magistrate’s order was published last Monday (23), within the scope of Petition 9698, presented by the National Coordination for the Coordination of Rural Black Quilombola Communities (Conaq) and by the acronyms PT, PSOL, PCB, PSB and Rede Sustentabilidade.

In the document, the organization and the parties asked for the territorial protection of the remaining peoples of quilombos as a way to prevent and combat the proliferation of covid-19 among communities.

Data from the National Institute for Colonization and Agrarian Reform (Incra) show that there are around 1,700 areas of this type with an open titling process. Conaq, however, suspects that the number is exponentially higher because not all communities already recognized as quilombolas were able to file a lawsuit of this nature in the agency.

“Although the titling of territories is a pre-pandemic policy, it is a fact that the lack of formal recognition aggravates the physical vulnerability of quilombola communities,” argued Fachin in the dispatch given last Monday.

The health issue is targeted, for example, by the Prosecution of Compliance with Fundamental Precept (ADPF) 742/2020, within which the minister had already given a decision determining that the Union draw up a plan to combat the disease to be applied to the population quilombola.

By the decision given by the minister this week, the government must clarify, also within 15 days, what the human and material resources will be, as well as the criteria adopted to carry out the procedures linked to the Technical Identification and Delimitation Report (RTID).

Prepared by the National Institute for Colonization and Agrarian Reform (Incra), this type of document is produced to identify quilombola territories and is an important part of the land titling process in these communities.

Fachin determined that the Union, the Ministers of Citizenship and Agriculture, positions to which Incra and the Palmares Cultural Foundation, institutions with attributions in the titling processes, as well as the Minister of Women, Family and Human Rights, are submitted .

repercussion

Civil entities that follow the issue in the country accuse the Bolsonaro government of omitting itself to the needs of the quilombola population, especially during the pandemic. This is what is considered, for example, by the NGO Terra de Direitos, one of the organizations that act as amicus curiae in the process relating to Petition 9698.

In this sense, the legal advisor Vercilene Dias, who works with the NGO and also with Conaq, points out that Fachin’s decision has great relevance for the defense and guarantee of the territorial rights of quilombola communities.

“It is very symbolic, from a legal point of view, this recognition by the STF. We have been denouncing this omission for some time. The acknowledgment of this by the Court gives us the strength, or rather, it opens up a range of disputes in another power of the Republic in the quilombola struggle to have their traditional lands titled”.

Edition: Leandro Melito

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