The Constitutional Right of Collective Property of Quilombola Communities and the State's Action for its Achievement in Brazil

Objective: the objective of this study is to investigate the role of the State in the processes of granting collective property titles to quilombola communities in Brazil. Theoretical Framework: the theory of coloniality of power, developed by Aníbal Quijano, guides this research. The concept of coloniality of power is related to the fact that European colonization of Latin American territories influences current power relations. It provides a basis for the development of the research, especially by contributing to the understanding of the reasons why the rights of quilombola communities have not yet been fully realized. Method: the method used is hypothetical-deductive, with the bibliographic review technique. The documentary research technique is also used, with the analysis of documents from the National Institute of Colonization and Agrarian Reform (INCRA) on the administrative processes for granting quilombola titles. Results and Discussion: the results of the research show that the administrative processes for granting collective property titles to quilombola communities in Brazil are bureaucratic and time-consuming, requiring specific legal and technical advice, which most quilombola communities do not have. In the discussions, the coloniality of power is present in state action, since most quilombola territories are not titled, despite the fact that Decree No. 4,887/2003, which regulates the territorial rights of these peoples, is over 20 years old. Research Implications: the research implies contributing to theoretical discussions regarding quilombola territorial rights. Originality/Value: which is an emerging theme in the country, with potential impact on the search for solutions to the problems of quilombola land regularization.