Marking National Zombie and Black Consciousness Day, four Ordinances of Recognition of territories of quilombola communities in Rio Grande do Sul were published this Monday (20).
The ordinances recognize and declare the limits of the territories of quilombola communities Linha Fão, with 168 hectares, in the municipality of Arroio do Tigre; Fidélix Family, with 4,500 square meters in Porto Alegre; Anastácia, with an area of 64 hectares in Viamão, and Arnesto Penna, with 264 hectares in Santa Maria. The documents are available in the Official Gazette of the Union.
The act is the stage in the quilombos titling process prior to the decree of the areas – in cases where there are private properties to be expropriated within the perimeters recognized by the National Institute of Colonization and Agrarian Reform (Incra).
The four ordinances are added to three others already published this year (Picada das Vassouras/Quebra-Canga, in Caçapava do Sul; Quadra, in Encruzilhada do Sul, and Costa da Lagoa, in Capivari do Sul) – which ended a period of six years without Recognition Ordinances for quilombos in Rio Grande do Sul.
The territory of the Arnesto Penna community, in the rural area of Santa Maria, has an occupation that dates back to the beginning of the 20th century. Research that forms part of the regularization process reached the will of Ambrozina Penna – a large landowner who, upon passing away in 1905, left land for the children of his former slave Balbina. The descendants, in addition to the lands, also inherited the surname. Currently, the community has 16 families. The land regularization process was opened at Incra in 2006.
Since 2003, when Decree No. 4887 was published, Incra has been the federal body responsible for titling the lands of remaining quilombo communities. The process is long: it begins with the Self-Recognition Certificate issued by the Fundação Cultural Palmares, and requires several studies.
Incra provides the preparation of various technical pieces with historical, anthropological, socioeconomic, cartographic, land information, among others, to compose the Technical Identification and Delimitation Report (RTID) of the community’s territory.
After publication of the RTID, there is a deadline for interested parties to contest the report. After analysis and judgment of challenges and appeals, Incra publishes the Recognition Ordinance, which formalizes the definitive identification of the territory and declares its limits. If there are private properties (titles or possessions) within the recognized area, a presidential decree authorizing the municipality to carry out expropriations is necessary. Properties are valued at market price and paid in cash.
Afterwards, Incra can issue the title in the name of the association that represents the community. The final document is collective, imprescriptible and does not allow for the sale or seizure of the area.
In Rio Grande do Sul, Incra has 111 regularization processes for open quilombola territories. Of these, four reached the final stage with the issuance of titles. These are the territories of the communities of Casca (in Mostardas, partially titled), Família Silva (Porto Alegre, partially), Chácara das Rosas (Canoas) and Rincão dos Martimianos (Restinga Seca, partially).
With this Monday’s publications, Incra has issued 21 ordinances.