Towards a history of the legal concept of quilombo in Brazil (18th and 20th century)
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Diego Nunes [1] ; Vanilda Honória dos Santos [1]
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[1] Universidade Federal de Santa Catarina
Universidade Federal de Santa Catarina
Brasil
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- Localización: Ius fugit: Revista interdisciplinar de estudios histórico-jurídicos, ISSN 1132-8975, Nº 24, 2021, págs. 189-209
- Idioma: inglés
- Enlaces
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Resumen
This work aims to analyze the changes in the legal concept of quilombo in Brazil between the 18th and 20th centuries as approached by Legal History in Bra- zil. To do so, we will carry out a documentary analysis on the legal representa- tions of quilombos and the quilombola population by letters, parliamentary acts, constitutions and legislation, legal scholars, among others, from the perspective of the history of the concepts by R. Koselleck and its adaptation to Legal History by P. Costa. As results we had two conceptual fronts: during the eighteenth to the twentieth century there was a negative acceptance of the term quilombo in legal sources, whereas during the twentieth century, after a long silence, it became a category used to embrace rights. As conclusion, we can see the quilombo had ceased to be, as an institution, a place with no rights, and as a social practice, a law with no space. The quilombos becomes, by the category Remnant Com- munities of Quilombos, a legal space that projects its rights to other juridical instances
