Ombudsman requests demarcation for communities in Bahia – 05/15/2023 – Panel

The DPU (Defensoria Pública da União) wants the STF (Federal Supreme Court) to consider unconstitutional a Bahian law that deals with the regularization of traditional rural occupations, common among quilombolas. The matter is on the agenda this Wednesday (17) at the Supreme Court.

Law 12.910/2013 established December 31, 2018 for associations to request land regularization, but did not specify the deadline for lands of background communities or closures of pasture, quilombola remnants. With the rule, the deadline for the regularization request expired four years ago, preventing new requests.

Federal public defender Gustavo Zortéa argues to the STF that the Federal Constitution did not impose a time limit on the protection of traditional peoples, therefore, the same could not be done by a state law.

According to the Association of Lawyers for Rural Workers in the State of Bahia (AATR-BA), there are currently 1,500 fund communities and pasture enclosures in the state. They are characterized by communitarian use of the land with family farming, keeping traditions of their ancestors, which is why they are common among quilombolas.

The Bahian law is questioned in ADI (Direct Action of Unconstitutionality) 5,783, filed by the PGR (Attorney General of the Republic). The DPU participates as amicus curiae.

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