THE protection of quilombolas and the Supreme Federal Court: judgment of ADI 3.239
THE protection of quilombolas and the Supreme Federal Court: judgment of ADI 3.239
DOI:
https://doi.org/10.48143/rdai/07.rbKeywords:
Direct Action of Unconstitutionality 3 - 239, Remnants of the quilombola communities X, Article 68 of the Transitional Constitutional Provisions Act, Regulation by decree 4 - 887/2003, Evaluation of its constitutionalityAbstract
The article approaches the Direct Action of Unconstitutionality 3.239, in which the Federal Supreme Court assessed the legal protection of the remnants of the Quilombo communities, regulated by Decree 4.887/2003, which regulates the procedure for demarcation of areas occupied by such populations. The starting point involves Article 68 of the Transitional Constitutional Provisions Act, which ensures the definitive ownership of their lands, imposing on the Public Government the duty to issue the respective titles of collective dominion.
References
FIGUEIREDO, Lúcia Valle. Curso de direito administrativo. 6. ed. São Paulo: Malheiros, 2003.
ROCHA, Cármen Lúcia Antunes. Princípios constitucionais da Administração Pública. Belo Horizonte: Del Rey, 1994.
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