O sentido constitucional do tombamento quilombola: reflexões a partir do diálogo entre Direito e história

The article addresses the contributions of history to the understanding of the constitutional meaning of the listing of quilombola heritage, in art. 216, § 5 of the Federal Constitution, taking the controversies between Anthropology and History, concerning the redefinition of quilombos, as a starting point. The listing of all sites with historical reminiscences of the old quilombos constitutes a legal and constitutional command that still lacks enforcement, considering that the historic definition of quilombo is the subject of many criticisms, which understand that the concept, in fact, tries to "refrigerate" the quilombo. Disagreeing with this premise, the article intends to demonstrate that such controversy must be mediated by the Law, based on the reconciliation of the contributions of Anthropology and History to the quilombola cause. In this sense, the contributions of history to the problem of quilombos present them as symbols of black resistance, which was recognized by the Federal Constitution, which made possible, through patrimonial protection, the adding of new elements to the myth of the Nation-State. The methodology used was a critical review of previous research.