Abstract
Starting by the analysis of the vote of Justice Cezar Peluso in the ADI number 3.239, as well as the two judicial decisions related to the communities of Santana (Rio de Janeiro) and Paiol de Telha (Paraná), the article discusses the Brazilian Justice's role in the legal disputes for recognition and titling of quilombolas territories. It is argued that there are multiple interpretations about this subject in the judicial field, resulting from the quilombolas social struggles in the effectiveness of their identity and territorial rights.
quilombolas; judiciary; ancestral land