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The article analyzes the effects on the land retakings by quilombolas, based on the Supreme Court of Brazil decision, which dismissed the Direct Action of Unconstitutionality (DAU) 3239, recognizing the Decree no 4887/2003 as constitutional and the thesis of the temporal framework inapplicable to the quilombola territories titlings. By analyzing the votes in the trial and bibliographic review, it concludes that the decision recognizes the retakings actions and, based on the thesis of Law as effectiveness, opens perspective for reoccupations in defense of traditional possession as instrument for advancing towards the effectiveness of their titling right.

A INAPLICABILIDADE DO MARCO TEMPORAL QUILOMBOLA E AS RETOMADAS DE TERRAS SOB A PERSPECTIVA DO DIREITO COMO EFETIVIDADE