6.
On January 21, 2002, the petitioners requested a hearing to examine
the interpretation and scope of the right to property, as it relates to the requests
made in Petition No. 555/2001.
7.
On December 14, 2004, the petitioners
information related to the petition under review.
8.
furnished
additional
On July 14, 2005, the State submitted observations on the petitioners’
reply.
9.
On August 30, 2006, the Commission requested the petitioners and the
State, to submit information about specific points.
10.
On September 19, 2006, the petitioners asked the Commission for a
15-day extension to submit the information that was requested of them, as did the
State on September 22, 2006. On that same date the concession of this extension
was communicated to the State and the petitioners were notified. On September 29,
2006 the concession of the extension to the petitioners was communicated and the
State was notified.
11.
On October 15, 2006, the petitioners submitted the information that
was requested to them, and the State did the same on the 18 th of the same month
and year.
III.
POSITION OF THE PARTIES
A.
The petitioners
12.
The petitioners allege that the Brazilian State is in violation of the
provisions of the American Convention by virtue of its failure to fulfill its obligation to
respect and ensure the rights protected under the Convention (Article 1.1), and by
its violation of the right to a fair trial (Article 8), the right to freedom of association
(Article 16), the rights of the family (Article 17), the right to property (Article 21),
the right to freedom of movement and residence (Article 22), the right to judicial
protection (Article 25.1), and the right to protection of economic, social and cultural
rights (Article 26).
13.
The petitioners contend that the traditional communities on whose
behalf the petition is lodged, is established in the area related to the municipality of
Alcântara, distant at 22 kilometers from São Luís (capital of the state of Maranhão),
in the northeastern region of Brazil. This municipality is in the midst of a large
conservation area, which encompasses the Amazon region. Because of the privileged
location of the area, it is considered strategic for aerospace technology research and
development. In the petitioner’s opinion, the establishment of the “Alcântara Launch
Center” in the region, has taken a serious toll on the society and culture of the
traditional communities that lived or live there.
14.
The petitioners point out, that “quilombos” are communities composed
mainly of the descendents of runaway or freed slaves, which operate on the basis of
communal production. They are traditional communities, with their own cultures,
dialects, production techniques and internal rules. The petitioners state further that
because of the historical and cultural importance of the quilombos, Brazil’s 1988
Constitution recognizes the quilombo communities’ right to their land.[1] 1
1 Constitution of the Federative Republic of Brazil (1988), Article 68 of the Transitory Provisions. The
remaining quilombo communities who are still living on their lands are hereby given definitive title to that
land; it is the State’s duty to issue to them the respective land titles.
2