Direitos territoriais e desenvolvimento urbano: o papel do Ministério Público Federal (MPF) no caso do conflito entre o capital imobiliário e os nativos de Paratibe - PB

Abstract

This paper describes and analyzes the dynamics of the conflict installed on the Quilombo Paratibe (a community formed by black slave descendents), located in the city of João Pessoa, capital of Paraíba state, which there are more than twenty years goes through a process of losing its territory and suffers from its natural vegetation deforestation and pollution, caused by the growing urban development of the city and by the large real estate speculation in the region, which interferes in its traditional collective use and in its cultural manifestations . The theoretical framework of this study is guided by interdisciplinary knowledge from different fields such as sociology , anthropology, law and by the discussion of concepts of Quilombo , real estate capital and property speculation. The study is divided into three parts . The first chapter is an immersion in the Quilombo of Paratibe via two stages: the first presents a historical reconstruction of the Quilombo of Paratibe with the scope to demonstrate the of the community s territoriality relationship with the area in question, and the second locates Paratibe in today's times presenting its social aspects (such as birth, death , education, labor and livelihoods), also its environmental and institutional aspects in order to make us know the space where the so called conflict occurs. In the second chapter we seek to understand the territory of Paratibe s different appropriation logics: on one hand, presenting the discussion from the perspective of the territory culture binomial, we sought to understand how is the relationship between the maroons and the territory and how this relationship led to the defense of the territory s protective constitutional framework and its historical and cultural heritage; on the other hand, we seek to understand the other territory appropriation logic, the region s urban development through the development process via real estate capital . In the third chapter , in which is our main goal, we present our field research, which has documentary character . We analyze how the State , through the Judiciary , the figure of the Federal Public Ministry - MPF - has acted in solving the case by analyzing it with the Content Analysis (CA) methodology, case number: 003147-47.2010.4.05.8200, authored by the same MPF in Federal Court. The final specific study allowed us to know the stage of the legitimacy conflict in which is Paratibe, in the middle of a clash between the defense of collective and individual rights, in which MPF worked persistently and according to its powers to defend collective rights , although the Judiciary acted in a way that does not prized by an updated and systematic interpretation of the case in accordance with the protective constitutional legal framework to which those people are subjected causing the postponement and adjournment of the case. We conclude that the unmet determinations guaranteed by the 1988 s Federal Constitution is the result of our own land formation that historically excluded blacks from sharing Brazilian land and from all forms of social benefits , and promotes up to today a set of political , institutional and cultural factors that hinder the effectiveness of these widely recognized rights. Finally, we observed a trend of advocacy linked to territorial issue in which traditional communities pass to be addressed in connection with the defense of the environment and culture of these people demanding an update operation of the Judiciary.