Vozes Silenciadas: o não reconhecimento da comunidade quilombola da Ilha Redonda, em Macapá/AP, como sujeito coletivo de direitos.

Abstract

Abstract: This study presents a critical analysis of the treatment given to the quilombola community of Ilha Redonda, located in the municipality of Macapá/AP, within the judicial proceedings concerning the construction of the Medium-Security Penitentiary in the Bonito region. Through documentary analysis of the Public Civil Action filed by the State Public Prosecutor’s Office and the preliminary court hearing, it is evident that the quilombola community was not recognized as a subject of collective rights, being listed merely as a third party, despite the geographic proximity and potential direct impact of the project on its traditionally claimed territory. The discussion is grounded in the legal provisions of ILO Convention No. 169, which guarantees the right to free, prior, and informed consultation for traditional communities, as well as in authors who address institutional racism, legal pluralism, and territorial rights of quilombola communities in the Brazilian context. Methodologically, the research adopts a qualitative approach, combining documentary, normative, and case law analysis, framed by the theoretical perspective of critical legal studies. The findings conclude that the procedural invisibility of the community constitutes a manifestation of environmental and institutional racism, undermining the realization of social justice principles and the recognition of collective identities within the legal system. The study recommends the implementation of guidelines aimed at expanding procedural mechanisms for listening to and ensuring the participation of quilombola communities in judicial and administrative decisions that affect their ways of life and territories.

Keywords: Quilombola community; Prior consultation; ILO Convention No. 169; Institutional racism; Territorial justice.