The situation of the field in Brazil depicts a reality of concentration of land in a few hands, while communities traditionally linked to this space have difficulty having effected their territorial rights. This paper aims to reflect what criteria for access to land and the role that the state has, especially the judiciary, the realization of the rights these collective subjects in view of the statement material equality. Analyze It will, thus, the position of the judiciary front the demands related to access/ right territorial of the Quilombo communities in which they are constituted parts or directly concerned these communities.