The Force of probate

An analysis of the chain of title of Fazenda Capivara and the judicial land grabbing in Northern Minas Gerais

Abstract

https://doi.org/10.1590/2179-8966/2026/90307

This work is part of a continuous of collective efforts to understand the context and conflicts experienced by the Quilombola Fishing and Vazanteira Community of Caraíbas, located on the banks of the São Francisco River in the northern Minas Gerais municipality of Pedras de Maria da Cruz. Here, we continue the task previously undertaken of analyzing the chain of title of the rural property known as Fazenda Capivara, a private property that gave rise to the land titles currently held by farmers who overlap with the traditional territory in question. To this end, we conducted a literature review and documentary research, the latter having as its main objects land registry certificates and judicial proceedings. Contrary to the claims made by the farmers in some of these lawsuits, we demonstrate the absence of federal public land grants to private individuals and the occurrence of judicial land grabbing of the lands that once constituted Fazenda Capivara. The analysis reveals that probate proceedings arbitrarily fabricated the private property status of this land, also highlighting its speculative function.