O sentido constitucional do tombamento quilombola
Reflexões a partir do diálogo entre Direito e história
Bibliographic Data
| ID | 5924415 |
|---|---|
| Authors | Paulo Fernando Soares Pereira (0000-0001-6802-9035, corresponding author) |
| Year | 2020 |
| Volume | 4 |
| Issue | 7 |
| Pages | 138-153 |
| Publication date | 2020-07-28 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Revista Jurídica da UFERSA (JOURNAL) |
| Journal identifiers | ISSN: 2526-9488 • E-ISSN: 2526-9488 |
| Publisher | Editora da Universidade Federal Rural do Semi-Arido - EdUFERSA (PUBLISHER) |
| DOI | 10.21708/issn2526-9488.v4.n7.p138-153.2020 |
| OpenAlex | W3045772265 |
| Language | PT |
| References cited | 1 |
The article addresses the contributions of history to the understanding of the constitutional meaning of the listing of quilombola heritage, in art. 216, § 5 of the Federal Constitution, taking the controversies between Anthropology and History, concerning the redefinition of quilombos, as a starting point. The listing of all sites with historical reminiscences of the old quilombos constitutes a legal and constitutional command that still lacks enforcement, considering that the historic definition of quilombo is the subject of many criticisms, which understand that the concept, in fact, tries to "refrigerate" the quilombo. Disagreeing with this premise, the article intends to demonstrate that such controversy must be mediated by the Law, based on the reconciliation of the contributions of Anthropology and History to the quilombola cause. In this sense, the contributions of history to the problem of quilombos present them as symbols of black resistance, which was recognized by the Federal Constitution, which made possible, through patrimonial protection, the adding of new elements to the myth of the Nation-State. The methodology used was a critical review of previous research
Constitution · Epistemology · Humanities · Levi strauss · Meaning (existential · Mythology · Political science · Premise · Sociology · State (computer science · Anthropology · Brazilian Legal Issues · Classics · History · Law · Philosophy · Race, Identity, and Education in Brazil · Urban Development and Societal Issues
| Citation velocity | historical |
|---|---|
| Highly cited | No |