REVERSE JUDICIALIZATION AS A STRATEGY OF DOMINATION: CONCEPTUAL DISPUTES IN PUBLIC POLICIES ON QUILOMBO LANDS
Clarissa Bottega
PhD in Social Sciences (UNISINOS), Master in
Legal Sciences (COIMBRA), jurist. E-mail: doctor@clarissabottega.com
ABSTRACT: The work presented seeks to break the paradigms related to the common
sense that involves the understanding of the institute of the judicialization
of public policies and to present a new horizon for the perception that the
institute, despite having been created in search of the effectiveness of democracy,
can have its use distorted and used with the aim of de-democratization. The
proposal followed the path of political science with a detailed analysis of the
speeches present in ADI nº 3.239/2004 that had as objective the annulment of
Federal Decree nº 4.887/2003. The action was proposed by a political party with
a capitalist and liberal base against the decree whose purpose is the land
regularization of quilombola lands. One of the argumentative points of the
demand was the conceptual dispute about the concept of quilombo, since the
contested decree presents self-assignment to quilombola as one of the
requirements for access to the right to land. The use of the concept of the
historic quilombo or the contemporary quilombo is a crucial point for the restriction
or expansion of the subjects of rights provided for in art. 68 of the ADCT,
which guarantees the right to land to quilombola communities, and the contested
decree is the effective means of accessing this fundamental right. Therefore,
for the dominant class to print its definition on the (historical) concept of
quilombo is to restrict the subjects of rights and keep the land under the
ownership of the landowners. As for the quilombola communities, broadening the
understanding of the concept of the (contemporary) quilombo is more than
recognition and guarantee of rights, reflecting a need for citizenship today
and not in the past. Class struggles, domination and the perpetuation of
inequalities permeate the discourses and constant manifestations of the analyzed
process and reflect the use by the dominant class of legal instruments, which
are daily understood as defenders of democracy in favor of their vested
interests.
Keywords: judicialization; public policy; quilombos; right to land; citizenship.
Reviewed by Current Scientific Journal
on
março 07, 2023
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