Limits of Absolute Private Property: Fight of Marrons Communities Poça and Peropava by tenure in the Ribeira Valley / SP / Limites da propriedade privada absoluta: luta das comunidades quilombolas Poça e Peropava pelo direito de posse no Vale do Ribeira/SP

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

06/12/2011

RESUMO

The Brazilian countryside has a very diverse peasantry, formed by social actors who cultivate the land with their families by increasing the supply of food in the city. This work emphasizes the peasant squatters who grow a small tract of land with their families, but without the right to property secured. Therefore, this dissertation discusses the clash between the right of occupation of the peasants (tenure) and the absolute right of private ownership of land - established by the Land Law of 1850 as the only form of land ownership in Brazil, from the maroons communities of the Peropava and of the Poça, localized in the Ribeira Valley in São Paulo, because they are traditional populations who live there for more than a century cultivating the land under customary rules of inheritance of the land, preserving a way of life social-cultural legacy of their ancestry. It should be noted that the maroons squatters have the right to property secured by the Constitution of 1988, particularly in its art. 68 of the Transitory Constitutional Provisions Act. The Great Text prescribes the recognition of the maroon tenure by self-definition as the group descended from African slaves. However, many Maroons werent still recognized by the government that is permeated by forces opposed to constitutional execution. It should be given attention that the peasants fight for recognition and for a title of properity to avoid expropriation by those who only accept as legitimate the private property who has a title.

ASSUNTO(S)

agrarian question direito de posse função social da propriedade maroons private property propriedade privada questão agrária quilombolas right of possession social function of property

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