Cosmophobic constitutionalism: a countercolonial analysis of the relationship between the State and the quilombos of Brazil based on the work A terra dá, a terra quer

Abstract

This text analyzes and discusses how the Brazilian State used constitutionalism to (re)colonize the worldviews and ways of life of quilombola communities, in contradiction with the 1988 Federal Constitution and ILO Convention 169. These norms were developed in a historical and political context of democratic reopening and the promulgation of new constitutions in Latin America, marked by the recognition of ethnic and cultural diversity. With the incorporation of ILO Convention 169, which declared Brazil a multicultural and multiethnic state, the expectation arose that indigenous peoples and amefrican communities –– such as the quilombos –– would finally achieve political, cultural, and legal self-determination. In this context, the rise of neoliberalism in Latin America also occurred, prioritizing hegemonic political and economic interests over the rights of these ethno-racial groups, frustrating their aspirations and making their way of life unsustainable. This research is based on the epistemology of Latin American and decolonial critical thought and the concept of countercolonialism. It is a qualitative and multidisciplinary research, with a theoretical-empirical approach that brings into dialogue the fields of Law, Sociology, Philosophy and History. Research techniques such as bibliographic review and document analysis were used. Primary sources include books, articles and official government documents. Secondary sources include interviews and other audiovisual materials.