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New precedent as Afro-Brazilian quilombo community wins historic land claim

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After winning a historic lawsuit late last year, a traditional Afro-Brazilian community has finally obtained legal recognition of its land located in São Paulo’s Alto Ribeira Tourist State Park, a protected area. According to legal experts, the decision is a significant win for the Quilombo de Bombas community, one of hundreds across Brazil made up of quilombolas, or the descendants of formerly enslaved people. This particular community, or quilombo, has lived in the area for more than 100 years. Its legal land recognition also sets an important precedent for other communities in Brazil whose territories fall within state protected areas, which are typically barred from human occupation. The state of São Paulo will now have to title the 3,200-hectare (7,907-acre) ancestral territory in the Atlantic Forest as being under the legal ownership of the community. In addition, the state is required to present a work plan for the construction of an access road to the community, whose territory is also home to threatened species like the golden lion tamarin (Leontopithecus rosalia) and red-tailed amazon (Amazona brasiliensis). As part of this process, the state’s land agency, or ITESP, must carry out an updated land survey within six months and begin the land regularization process within 10 years. Failure to meet these deadlines will result in fines. The decision, handed down Dec. 29, 2023, by Judge Hallana Duarte Miranda of the São Paulo state court, means the Bombas community will now co-manage the territory with the state government’s forest agency, or FF.…This article was originally published on Mongabay

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