Identities in court: recognition of ethnic rights and their evidence

This article aims to analyze how the so-called anthropological expertise has been admitted and used as a means for proving the identity of ethnic groups in lawsuits involving the recognition of territorial rights, especially of communities remaining from quilombos. The research is based on the understandings adopted by the Federal Courts in Brazil (Federal Supreme Court, Superior Court of Justice and Federal Regional Courts). For an accurate analysis of the devices, the notion of legal field as defined by Pierre Bourdieu was adopted as a reference. The survey of judgments carried out in Brazil indicated an expansion of the judicialization of claims involving communities remaining from quilombos. In addition, the requirement for expert reports, although representing an attempt to provide objectivity to the judicial process, does not eliminate the political struggle in the legal field.

Keywords:
Quilombo remnants; Judicial process; Anthropological surveys; Legal field.