Banca de QUALIFICAÇÃO: JEFERSON FERNANDO CELOS

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : JEFERSON FERNANDO CELOS
DATE: 31/10/2023
TIME: 14:00
LOCAL: Metapresencial através do link: https://meet.google.com/wqg-uxtr-zce
TITLE:

The struggle for the resignification of quilombos and quilombola protagonism in the trial the ADI No. 3.239

KEY WORDS:

ADI nº 3239; Law; protagonism; quilombos; quilombola resistance

PAGES: 122
BIG AREA: Ciências Humanas
AREA: História
SUMMARY:

The research addresses quilombola political-legal protagonism at different moments in Brazilian history. Notwithstanding their relevance in the process of popular social struggles, quilombos were victims of a normative invisibilization that began after Abolition and was only changed with the promulgation of the current Federal Constitution, in 1988, which ensured them definitive ownership of the lands that traditionally occupied, in art. 68 of the Transitional Constitutional Provisions Act. The procedures for identifying, delimiting, and titling these lands, provided for in Federal Decree No. 4,887/2003, were questioned by the Federal Supreme Court, through Direct Unconstitutionality Action nº. 3.239. Taking this action as the object of empirical jurisprudential analysis, the aim is to understand how the quilombola action, through the figure of the “amicus curiae”, interfered in the votes that were given by the Justices of the STF. The impact that this quilombola resistance had on the legal resignification of the concept of quilombos is also analyzed, which gains greater scope with the adoption of a critical-dialectic conception of Law, which seeks to see its achievement in social struggles, necessary not only for the creation but also for the realization of the rights that were conquered. The Doctoral Thesis intends to demonstrate that quilombolas are also interpreters of Law and, notably, of the Federal Constitution, as protagonists and holders of relevant knowledge, who dispute the meanings of legality within the legal sphere, shaking the monopoly of trained and professional jurists.

COMMITTEE MEMBERS:
Presidente - 1556362 - ROBERTO MUHAJIR RAHNEMAY RABBANI
Interna - 1629912 - JANAINA ZITO LOSADA
Externo à Instituição - ANDERSON ORESTES CAVALCANTE LOBATO - FURG
Externo à Instituição - DAVID SANCHEZ RUBIO
Externo à Instituição - DANIEL LENA MARCHIORI NETO - UFPel
Externo à Instituição - UBIRAJARA COELHO NETO - UFMG