Mestrado em Direito Agrário (FD)

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    A efetividade jurídica do PNAE: estudo dos anos 2017 a 2019 no estado de Goiás
    (Universidade Federal de Goiás, 2023-10-27) Gomes, Luciana de Almeida; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Belaidi, Rabah; Dal Bosco, Maria Goretti; Torres, Katya Regina Isaguirre
    The objective of this work is to identify the main problems faced in the execution of the Programa Nacional de Alimentação Escolar, in the state of Goiás, with regard to purchase of 30% from family farming. The methodology of participant observation was chosen and used, with a view to enabling this researcher achieve a holistic perspective of the topic under discussion, as well as better understand the challenges encountered in the good execution of the public food policy in question. The PNAE is the oldest public food policy in Brazil and one of the largest school feeding programs in the world. It offers school meals, as well as food and nutrition education actions, to students from all stages of basic education enrolled in public and philanthropic schools and in community entities – in partnership with the government. With the publication of Law No. 11,947/2009, the program became a legal framework for public policies on Food and Nutritional Security (SAN), promoting the Human Right to Adequate Food (DHAA) in the school community, based on inclusion family farmers as food suppliers for the PNAE. In short, the PNAE acts strategically: as a guarantee of adequate food for students and as a vector for the development of family farmers. In the performance of the Program's activities, regarding the technical and operational assistance of the PNAE in the municipalities of Goiás, the work of the Collaborating Center for School Food and Nutrition at the Federal University of Goiás (CECANE UFG) stands out. Based on this perspective, the work was structured in two parts. The first, predominantly dogmatic, in which it is intended, from a historical understanding, to elaborate concepts, contextualize the theme, and thus build the basis of the research. The second, predominantly empirical, consists of the effective treatment of the experience reports obtained (whether by this researcher, through observation and qualified listening, or from the members of CECANE UFG and the social actors involved in the PNAE) and by the analysis of collected documents. From this construction of thought, we sought to examine the legal effectiveness of the Program, detecting the hindrances founds in its good execution.
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    A mulher na luta pela terra: da expropriação à subversão
    (Universidade Federal de Goiás, 2022-08-26) Rego, Julyana Macedo; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda; Arruda, André Felipe Soares de; Tárrega, Maria Cristina Vidotte Blanco; Martins, Carla Benitez
    Violence is not a phenomenon that can be explained unilaterally, dissociated from the analysis of gender, race and class categories, given the consubstantiality of relationships. In view of this, the present work proposes to analyze the violence suffered by rural women in the process of resistance to land expropriation. This is because, according to data from the Conflitos no Campo Brasil 2018 dossier, between 2009 and 2018, 1,409 cases of violence against women were recorded in the context of the struggle for land, demonstrating the urgency of the present analysis, in particular, in view of underreporting. . To achieve the proposed objective, the method of bibliographic review was adopted, based on the study of specialized works on the subject. In another turn, in order to give an empirical character to the research, official data were inserted that deal with the difficulty of access to land, as well as the violence perpetrated on these subjects, when practicing acts of resistance and confrontation with the established order. It is also worth noting that it was a political and academic option to adopt a feminist and Marxist theoretical framework, one because science sometimes ignores women's production and, two, because a work on women, done by a woman, it would prove to be - at the very least - incoherent if it had as a reference the theories conceived by men. It does not mean, however, that, at times, works/theories written by men were not consulted, but this was done in a minority way. Regarding the way of writing, to facilitate understanding, the work is structured in three sections. In the first one, an approach was made about the feminist movement, which, in addition to the character of a social movement, constitutes a critical theory of white, Eurocentric, misogynistic and patriarchal science. Subsequently, it was explained about the Feminist Theory of Law and its impact on this extremely conservative field and, afterwards, it was possible to deal with the system of oppression and domination of women, focusing on the biological analysis and the sexual and racial division of the job. In the second section, the process of land expropriation was explained, arising, above all, with capitalism, denouncing, even, the emergence of the very concept of private property. To this end, it was demonstrated that, for the functioning of capitalism, it was necessary for rural workers to leave their lands, to work in the factory model, in an urban area. But to force them to do so, it was necessary to break the idea of the common good, giving rise to enclosures. Afterwards, it was demonstrated that this process has specific characteristics when it comes to women, and, to prove it, an analysis was made of women's rights in the country, in particular, regarding the capacity theory and its implications regarding to the acquisition of the property. Afterwards, it was shown that, strained by the pressure of the feminist movement, the Brazilian Judiciary has - albeit in a very inaugural way - recognize gender violence, when analyzing concrete cases. Having traversed this path, it was possible to reach the third section and, in it, the rural women's movement in Brazil was addressed, focusing on the emergence of the so-called peasant feminism. Subsequently, data were brought about the violence perpetrated on female subjects during the struggle for land. In the end, it was possible to conclude that violence against rural women is a serious phenomenon and intentionally ignored by the State, which does so, it should be noted, in order to maintain the status quo that privileges the Brazilian agrarian elite.
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    A agricultura familiar brasileira e o pronaf: apontamentos para a construção de um objeto jurídico
    (Universidade Federal de Goiás, 2013-03-08) Ratke, Bruna Nogueira Almeida; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Belaidi, Rabah; Maia, Claudio Lopes; Trentini, Flávia
    This paper aims at analyzing the legal proceedings that gave rise to the acknowledgment of family agriculture as subject of rights and object of public policies by establishing thematic approaches with the purpose of seeking conclusions involving public policies and family agriculture. Firstly, there is a definition of limits regarding the historical milestone of debates encompassing the family farmer as responsible for a new project of rural development and the main factors that gave rise to their social and political emancipation. Pronafwas chosen in order to obtain a more detailed analysis of guidelines, principles, credit lines, target public, legal institutes of materialization and critical analysis due to the fact that it is the first and main public policy intended to this category. Thereafter, the importance of the public policy legal study is focused, mainly agrarian policies. The justifications that gave rise to the enactment of Law N. 11.326/2006 were presented establishing guidelines to the elaboration of the National Policy of Family Agriculture and Rural Family Ventures delimitating the concept of family farmer. The importance of the identification and delimitation of family agriculture was outlined as well. It is demonstrated that family agriculture builds its social emancipation historical process in the face of a project to overcome traditional unequal and unfair relationships through pluralistic, democratic and participative practices, transforming law into a social transformation tool and promoting dignity of the family unit itself by demanding new normative standards and effective public policies in order to include them as emerging subjects.
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    Agroecologia sob a visão do direito: estudo do manejo da rochagem como demonstração de que a agroecologia é instrumento de direito à alimentação e de preservação da vida
    (Universidade Federal de Goiás, 2015-03-18) Assis, Luana Bispo de; Rocha, Eduardo Gonçalves; http://lattes.cnpq.br/4663157234421208; Rocha , Eduardo Gonçalves; Monego , Estelamaris Tronco; Pinheiro , Douglas Antônio
    This study aims to reflect on the theme of agroecology from the perspective of law, its relation with nature and with the paradigm of modernity with the expectation that its principles and practices can be understood as a viable solution to the situation of food (in)security in Brazil. Such an approach is important because Law is a principles based commitment to the future, keeping good faith toward past. This commitment has been developed historically, and signed by society, to strengthen the building of a food system that protects life and collaborates to the implementation of healthier future production systems. This commitment is essential and should result in right to food fundaments. These concepts challenge the the Brazilian development model, based on natural resources concentration, labor exploitation, cultural domination, monoculture export, nature depletion and large land areas. The problem treated here is basically the analysis of man as part of nature in a way that, from this perspective, agroecology can be seen as an instrument of right. At this point agroecology under the right look can be understood as rupture of the dominant model what allows to emerge the possibility of building a new paradigm, based on local knowledge, healthy food, lower nature degradation and appreciation of the man from the field. This work aims to analyze the food production model, from an interdisciplinary perspective and fom Law theory, using stonemeal technology as a demonstration parameter of agroecology as an instrument of right to food and to life preservation!
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    Aguydjeweté- racismo estrutural perpetrado aos povos indígenas pelo estado brasileiro: a nova estratégia do marco temporal
    (Universidade Federal de Goiás, 2023-02-27) Ebeidalla, Fatahala Sampaio; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796 Link do orcid (se houver): https://orcid.org/0000-000; Arruda, André Felipe Soares de; Lacerda, Rosane Freire; Maia, Cláudio Lopes
    Since colonization, the Brazilian state has, via the coloniality of power, organized an institutional structure aimed at maintaining racial privileges for the dominant classes. Enabling them, the right to private property, the appropriation of land, to the detriment of the denial of the original right of indigenous peoples for their territories, their territorialities and their way of life. As a result, the original peoples who were here, with an ancestry of thousands of years, witnessed over these five centuries the usurpation of their territories, the deprivation and attempt to cover up their cultures and the denial of their identity. Furthermore, to enable the realization of this “white” property right, indigenous peoples have historically been the target of exterminations and genocides, and continue to be subjected, to this day, to the same structural racism imposed by the segregating system contained in institutions and institutions. individuals who compose it. The present research consists of the analysis of the structural racism perpetrated by the Brazilian State against the Indigenous Peoples, throughout the historical process, culminating recently with the Temporal Framework Thesis of the indigenous lands, which tries to link the date of October 5, 1988, that is , of its enactment, as a framework for proving ownership or right to land by indigenous populations. In this context, representatives of world capitalist sectors linked to the ruralist caucus of the National Congress-CN, of agribusiness and mining, legally try, through this thesis, to make the demarcation of their lands unfeasible or relativize to indigenous peoples. Thus, making it impossible to demarcate and recognize their territories and, consequently, to enforce their original rights, which are constitutionally guaranteed from 1988 onwards. As a main hypothesis, this research proposes the analysis that: the most recent strategy of the Brazilian State in the implementation of structural racism, stimulated and expressed by the various hegemonic capitalist sectors present in the world and Brazilian state structure, acting via racialization, to maintain the Eurocentric and white property right. It will also be the main hypothesis to be analyzed: The possibility that the strategies in progress, and those outlined in the Brazilian State, to put into effect the thesis of the temporal framework, are generating an ecocide in the Amazon Biome, causing a mega-extinction of species, loss of biodiversity and destruction of an extremely important biome for the maintenance of life on the planet, which, in addition to making the possibility of survival of the Indigenous Peoples, which still remain in our country, impossible, also makes the conservation of important ecosystems impossible for the survival of present and future generations.
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    Alimentação, prisão e pena: a manutenção de vidas à custa da própria substância do indivíduo
    (Universidade Federal de Goiás, 2018-09-24) Dunck, José Augusto Magni; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Rocha, Eduardo Gonçalves; http://lattes.cnpq.br/4663157234421208; Rocha, Eduardo Gonçalves; Bizzotto, Alexandre; Solazzi, José Luís
    The assumption is that Agrarian Law encompasses the relation of human beings to one another and to the environment in which they survive. Not only is the relationship between human beings and the environment covered by Agrarian Law, but also the relation of social groups to one another and the environment, culture, political organization, history, economics, geography and ethnicity groups. It is not possible to think about Agrarian Law without thinking about the existence of human, economic and environmental diversity, about the different ways of understanding life. Therefore, it is intended to analyze the systematic denial of the realization of the right to adequate food for people in a state of deprivation of liberty based on this assumption. Despite the high productivity of foodstuffs and the large amount of water in Brazil, several factors hamper universal access to food and water, a situation that worsens within the prison system. The state of inadequate nutrition in the prison system is diagnosed based on the conclusions of reports of inspections of the Brazilian prison units carried out by members of the Executive, Judiciary and Legislative Branch. It discusses the real function of imprisonment in the country, from colonization to contemporaneity, and the role of racial practices in the prison system that legitimize the systematic denial of adequate food, which constitutes the punishment inherent in prison- sentence. Finally, field research is carried out with prisoners and persons deprived of their liberty in prison, in order to assess the experience of these individuals with food in the prison units in the Prison Complex in Aparecida de Goiânia - Goiás and to understand the world of food in the prison, in the insofar as it is subjectively lived by these people.
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    Uma análise acerca da possibilidade de dedução do passivo ambiental nos casos de desapropriação para reforma agrária
    (Universidade Federal de Goiás, 2017-03-28) Machado, Anna Maria Nunes; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Rocha, Eduardo Gonçalves; Araújo, Luciane Martins de; Belaidi, Rabah
    Esta tesis de Maestría en Derecho Agrario se desarrolló con el objetivo de discutir la posibilidad de descuento del valor de la responsabilidad ambiental del valor de la indemnización en caso de expropiación para la reforma agraria como una alternativa legal a las cuestiones ambientales en la creación y aplicación de los asentamientos rurales, antes obstáculos que enfrentan en la práctica para su realización en condiciones que garanticen la protección de los recursos naturales en las áreas renovadas. Por lo tanto, se discuten las acciones institucionales de la principal agencia de ejecución de la reforma agraria en Brasil, así como las políticas públicas adoptadas en el sector, además de diferentes posiciones suscritos por el Instituto de Colonização e Reforma Agrária, Tribunal de Contas da União, Tribunal Regional Federal da Primeira Região y Superior Tribunal de Justiça, a partir del estudio de los conceptos de responsabilidad ambiental y la obligación propter rem. Por último, el objetivo es informar a la reflexión sobre el papel del intérprete y aplicador del derecho representado por la figura de la justicia del Brasil con respecto a la dimensión política de la cuestión agraria en el país.
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    Análise jurídico-constitucional da política de reforma agrária de mercado no Brasil - a luta dos movimentos sociais pela democratização da terra
    (Universidade Federal de Goiás, 2021-02-23) Oliveira, Igor Gabriel Reis de; Solazzi, José Luís; http://lattes.cnpq.br/8633725753223725; Moi, Fernanda de Paula Ferreira; Arruda, André Felipe Soares de; Solazzi, José Luís
    This dissertation aims to analyze the Agrarian Market Reform policy implemented in Brazil by the World Bank in partnership with the Brazilian State, throughout the 1990s, which consisted of the formulation of programs such as Banco da Terra and Cédula da Terra, aimed at land financing by farm workers. The general objective of this research is to analyze the institute of Agrarian Market Reform in order to understand the land problems related to this policy, in order to make a diagnosis if this policy resulted in the reduction of poverty in the countryside, or if there is a methodological incongruence in this World Bank agricultural policy implemented in Brazil. The text is organized in three chapters. The first chapter delimits to discuss the history of Brazilian territorial formation, conceptual aspects of agrarian law and the Agrarian Reform model by expropriation. Chapter two discusses the Agrarian Market Reform Model implemented in Brazil, for this purpose it seeks to understand the history and policies of Agriculture and Rural Development of the World Bank (BM) and the neoliberal policy in the field implemented in the governments of Fernando Henrique Cardoso, of in order to unravel the main points of the neoliberal programs Cédula da Terra and Banco da Terra, implemented with the argument of inserting rural people in the market and in the reproduction of capital. The third chapter presents the position of the social movements fighting for land, before the neoliberal policies that were implemented in an attempt to replace the Agrarian Reform model by expropriation and, finally, presents the legacy of this implemented Agrarian Reform model, an evaluation of the results of these programs that move the discussions that prevail to the present day around the theme, mainly in the recurring indebtedness of the beneficiaries of these policies.
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    Aplicação do princípio jurídico da precaução no processo administrativo de liberação dos cultivares e dos transgênicos LL62 e GM Embrapa 5.1
    (Universidade Federal de Goiás, 2012-02-27) SOUSA, Narliane Alves de Souza e; SANTOS, Nivaldo dos; http://lattes.cnpq.br/3359203015249134
    The current panorama experienced by society, from the perspective of genetic improvement, especially the vegetables, attracts the questioning about application of legal principle of precaution, this due to scientific uncertainty of possible damage that they may trigger on long term. Thus, due to changes in environmental conditions and effect of necessary human health by use of biotechnology has brought the principal object of this work is to analyze the precautionary principle and the process of releasing plants genetically altered and improved, in particular of cultivars and of transgenic crops under the legal perspective. Because two processes were analyzed for release of genetically modified organisms, which are the "rice LL62" Bayer and the bean "GM Embrapa 5.1" of Embrapa, being that the first is an application of experiment and the second a request for marketing. Noting that both the studies of genetic improvement and the protection of the environment are guarded by the Federal Constitution of 1988. Also, due the questions in the legal field study examined whether the Commission's release process Tecnic National de Biossegurança CTNBio follows the fulfilment of the minimum specifications required by the precautionary principle and whether they are sufficient to ensure food safety and to avoid possible irreversible degradation of the environment. Social and legal context, remaining evidenced differences polemics in relation to the said applications for the release and the precautionary principle, which encounters a single technological challenge to be respected. Thus, the Judiciary, under the Constitutional vision, the environment and administrative nature, should grant the scientific advancement with the fulfilment of minimum requirements for these releases or require the fulfilment of bureaucracy hailed by society?
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    Aquisição de imóveis rurais por estrangeiros e os efeitos do land grabbing no Brasil: uma análise legal e jurisprudencial no período de 2012 a 2023
    (Universidade Federal de Goiás, 2023-08-29) Faria, Paulo Henrique; Marin, Eriberto Francisco Beviláqua; http://lattes.cnpq.br/9078134881548192; Marin, Eriberto Francisco Beviláqua; Arruda, André Felipe Soares de; Silva, Arício Vieira da
    The Constitution of the Republic of 1988, with regard to the acquisition of rural properties by foreigners and similar, took care to establish the differentiation of legal treatment between national and foreign natural and legal persons, at different times, in order to guarantee, for example, the sovereignty over its territory, in order to privilege people, capital and Brazilian products, with the aim of guaranteeing national development, in addition to promoting the construction of a free, fair and solidary society, aiming to eradicate poverty, marginalization and pursue the objective of reducing inequalities. In this vein, a study was proposed on the differences established between foreigners and nationals, originally by the aforementioned Constitution and, subsequently, by supervening laws and normative regulations. By means of a hypothetical-deductive methodological approach, the starting point was the analysis of the general standardization on the subject for a specific proposal. At first, the process of Brazilian territorial formation was investigated, especially linked to the construction of agrarian law in Brazil. The effects of the land grabbing phenomenon in several countries around the world were unveiled, in order to understand the possible current effects of this phenomenon in Brazil, especially in the federal legislative scope. Once the guiding assumptions on the infraconstitutional laws were fixed, the respective normative instruments issued by the federal control bodies on such transactions involving foreign capital were analyzed. For purposes of temporal delimitation, although the normative exposition was complete, it was decided to shed more light on the changes that occurred between the years 2012 and 2023. due to the changes brought by Laws nº 13.097/2015 and 13.986/2020 in Laws nº 5.709/1971 and 6.634/1979. The temporal delimitation was still useful to position the reader about the most recent judicial positions on the subject of acquisition of rural properties by foreigners and similar, notably in the historical period after the edition of Opinion nº LA-01, of August 19, 2010. 17 (seventeen) cases decided by Brazilian Courts were selected. In terms of spatial limitation, we chose to select cases from the Courts of Justice of the States of São Paulo and Goiás, Federal Regional Courts of the 3rd, 4th and 5th Regions, the Superior Court of Justice and the Federal Supreme Court. The new configurations of land and capital that emerged from 2012 to 2023 were investigated, from a legal-legislative perspective, whether in legal analysis or in jurisprudential analysis. In this perspective, in the end, the exposition of the capillarity of land grabbing in Brazil was carried out from a critical perspective, to note the effects of such changes in Brazilian legislation. It was noticed that the easing of Brazilian legislation on the acquisition of land by foreigners, evidences a deepening of the process of financialization of land in Brazil and an extension of the phenomenon of land grabbing at the federal legislative level, in the analyzed period. With regard to the jurisprudential analysis, the results found were also exposed at the end.
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    A aquisição de terras por estrangeiros como um fator de (in)segurança nacional e conflitos agrários no Brasil
    (Universidade Federal de Goiás, 2021-09-29) Monteiro, Jéssica Silva; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Maia, Cláudio Lopes; Treccani, Girolamo Domenico; Costa, Alexandre Bernardino
    This work proposes a debate about the acquisition of lands by foreigners in Brazil in the field of Law. Of a theoretical nature, this research aims to identify, through the technique of document analysis, the problems related to that type of operation found in the records of the CPI Venda de Terras, in order to indicate its overcoming or permanence after the validity of the legal regime aimed at thematic. In order to carry out the proposed reflection, the first part of the work elaborates an approach to the restriction of land acquisition by foreigners in Brazil as a historical and legal process. In a second moment, the normative status of the legal framework of the matter is examined after the institution of that legal regime until the present day. Finally, the third section of the work is aimed at the theoretical debate on the acquisition of land by foreigners in Brazil, relating it to the financialization of the land market through the transformation of land into a financial asset. It is concluded, in the present work, that the land speculation promoted in face of the expectation of the sale of lands to foreigners, as in 1967, however under new configurations, constitutes the central problem of the deregulation of the referred matter.
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    As áreas rurais consolidadas sob a perspectiva da função socioambiental da terra
    (Universidade Federal de Goiás, 2015-03-27) Santana, Leandro Almeida de; Marin, Eriberto Francisco Bevilaqua; http://lattes.cnpq.br/9078134881548192; Marin, Eriberto Francisco Bevilaqua; Lourenço, Cláudia Luiz; Nardini, Maurício José
    This dissertation analyzes the consolidated rural areas, created by the 2012 Forest Code, from the perspective of the principle of social and environmental function of the property. Therefore, brings conceptual aspects and historical sketch about property rights and its social function, focusing on the Brazilian Agricultural Law. It pays attention to social and environmental function of land and the study of protected areas as permanent preservation and legal reserve for the consolidated rural areas are directly related thereto. It also analyzes the rural areas consolidated from the perspective of other rules and explicit environmental constitutional principles or implied, as to seal the setback in environmental matters, sustainable development, prevention and the general duty not to degradation. Talks about the unconstitutionality entailed daily graded recitations in proceedings before the Supreme Court contained in ADIs n. 4901, 4902 and 4903. It adopts deductive and argumentative research method and makes use of historicizing concepts to establish the conclusion that the consolidated rural areas confront social and environmental function of land and other environmental principles and constitutional rules.
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    As argumentações do TST sobre doenças ocupacionais nas trabalhadoras do setor frigorífico sob o prisma do materialismo histórico e dialético
    (Universidade Federal de Goiás, 2022-04-19) Nascimento, Cláudia Cristina do; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Paula, Helga Maria Martins de; Arruda, André Felipe Soares de; Rampin, Talita Tatiana Dias
    This research proposes an analysis of the justification discourses about the damage caused by occupational diseases to workers in the cold industry. From a theoretical point of view, this work aims to understand the role played by women in society by considering the production mechanism imposed by the capitalist system and to identify how systemic and articulated inequalities in the sexual division of labour influence labour relations, mainly in the refrigerators sector. In order to carry out such study, at the first moment is presented the reason why the dialectical historical materialism method was chosen, to understand the role of women in society, it is necessary to assimilate how the commodification of labor and gender inequalities (men and women) in contemporary society are triggered and articulated. It is further examined that the sexual division of labour imposes a place of social marginalisation on women class workers, since it is considered by the principle of hierarchy that male labour has more value than female labour, and by the principle of separation that there are works that are intended for women and those intended for men. Methods of organising work in refrigerators also involve the sexual division of labour, because the female workforce is destined to certain sectors of the production line and this apartment is made from a historical contextualization that care works and household tasks are naturally intended for women finally, the third part of the work whether to analyze whether the judges on the involvement of occupational diseases in cold industry workers consider the reality faced by working class women both in precarious working conditions and in coping with work overload with the double journey. It is concluded, in this work, that the decisions of the Superior Labor Court (TST) on the subject are universal, and can be applied to both women and men, with speeches of justification based on technical and legal contents. .
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    As alterações da política agrária: um debate hermenêutico acerca da reforma agrária
    (Universidade Federal de Goiás, 2019-02-25) Brasil, Luciangela Ferreira do; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Maia, Cláudio Lopes; Diehl, Diego Augusto; Teixeira, Maísa Franca
    This master thesis, entitled "The changes in agrarian policy - a hermeneutical debate on agrarian reform", has as its central problem the following question: Does the Law 13.465 / 2017, breaks with the model of agrarian reform by implanting in Brazil from the Land Statute and with the precepts that were defined in the Constitution of 1988? Based on the observation that the Provisional Measure No. 759 issued by the federal government on December 23, 2016, has changed considerably the policy of urban and rural land regulation throughout the country. The aim of the work is to analyze how the Land Statute established the agrarian policy; the treatment given to the matter with its constitutionalization in 1988 and regulation through Laws 8.629 / 93 and 76/93; and the paradigmatic changes defined by Provisional Measure No. 759 converted into Law No. 13.465 / 2017. Using the methodology of bibliographical, exploratory and documentary research, it was analyzed the main norms of agrarian policy, defined by the State, through its legitimating role of the legal order.
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    As comunidades quilombolas e o direito ao etnodesenvolvimento: uma análise sobre a implementação do projeto Baunilha do cerrado na comunidade Kalunga-GO
    (Universidade Federal de Goiás, 2020-02-14) Amorim, Liliane Pereira de; Tárregga, Maria Cristina Vidotte Blanco; http://buscatextual.cnpq.br/buscatextual/visualizacv.do?id=K4792730P2; Chehab, Isabelle Maria Campos Vasconcelos; http://buscatextual.cnpq.br/buscatextual/visualizacv.do?id=K4237718D7; Chehab, Isabelle Maria Campos Vasconcelos; Arruda, André Felipe Soares de; Sousa, Maria Sueli Rodrigues de
    Quilombola peoples are black people who came from Africa to be enslaved in Brazil. Through their courageous and strategic tackling resistance, they were able to survive all sorts of human rights violations for more than three centuries of enslavement, and currently guide their struggle in / for the full recognition of rights. In its turn, ethnodevelopment argues that traditional peoples and communities are capable of self-management, considering their aspirations and cultures, and thus emerges as an alternative route to traditional economic development, the basis of which was, above all, the exploitation of black lives. This research aims to analyze the rights of quilombola peoples and communities, under the concept of Ethnodevelopment, from the implementation of the Cerrado Vanilla project, carried out in the Kalunga quilombola community, located in Cavalcante-GO. In this context, it intends to answer the following question: how - and if - does the Vanilla of the Cerrado Project relate to ethnodevelopment practices? The research has as main theoretical references Jacob Gorender and Batalla. To this end, the work was divided into three chapters. The first presents a historical contextualization of blacks and quilombolas, from the African diaspora to their formal recognition, spanning the Brazilian economic cycles, the constitution of quilombos as resistance, the long trajectory for abolition, the social recognition of black people and, finally, the Kalunga resistance, which is part of the debate on the struggle and resistance of slavery in Brazil. In the second chapter, the right to ethno-development and its challenges for the realization of Fair Trade is discussed, without forgetting to address the discussions about development and ethno-development in Brazil and territoriality as a precondition for the reach of ethno-development. Then, comments are made about national and international regulations that deal with ethnodevelopment and the construction of Fair Trade - as a potential alternative for quilombola peoples. In the third chapter, the intention is to demonstrate, through the analysis of a specific case, the application of the discussions in the previous chapters, notably from the project Baunilha do Cerrado, implemented in the Kalunga quilombola community, emphasizing its limits and possibilities. For the construction of this research, a qualitative approach was used, using interdisciplinary and documentary bibliographic sources, especially with regard to the norms applicable to the theme, as well as the project Baunilha do Cerrado, seeking to identify the context, complexity and the correlation of subjects, to answer the emancipation possibilities defined in the problem and to verify if quilombola peoples and communities are, in fact, achieving the right to ethnodevelopment. Ultimately, it was possible to understand that the entire process of enslavement of black people led to serious socioeconomic consequences for Brazil, which still exist, in some way, up to the present day, and that most projects supposedly linked to ethnodevelopment, such as In the case of Cerrado Vanilla, they are nothing more than the reproduction of a new form of domination, founded on the same traditional logic of development, which insists on excluding the participation of the subjects involved.
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    As relações de trabalho no setor canavieiro do estado de Goiás: reflexões a partir da visão justrabalhista crítica e da política de reforma agrária
    (Universidade Federal de Goiás, 2017-09-28) Porto, Cláudio de Agatão; Marin, Eriberto Francisco Bevilaqua; http://lattes.cnpq.br/9078134881548192; Marin, Eriberto Francisco Bevilaqua; Santos, Nivaldo dos; Diehl, Diego Augusto
    This research is result of works developed in the Agrarian Law Post Graduate Program at the Law School of the Federal University of Goiás. Among the numerous researches developed, the program is concerned with the thematic of work in the field social relations, creating a research line called "Labor Relations in the Field", in tune with the agrarian and labor character of the countryside, as a legal reflection interface.The research, with the qualitative approach and the adoption of the deductive-argumentative method, aims to a critical- discursive comprehension of the labor relations in the sugarcane sector of the State of Goiás, under the labor law perspective and the agrarian reform policy. In this sense, the expressions of work in the countryside, in the Brazilian historical context, associated with the implantation of capitalism under the agroindustrial bias stand out. The sugarcane industry is characterized as expression that makes work become modern and precarious. In labor relations in the field, important contributions from the critical view of labor law are identified, broadening the understanding of the legal dogmatic and agrarian reform policy.
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    Assistência técnica e extensão rural do Estado de Goiás: da aplicabilidade da legislação e de políticas efetivas
    (Universidade Federal de Goiás, 2017-08-28) Marques, Rômulo César Barbosa; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Rocha, Eduardo Gonçalves; Belaidi, Rabah; Souza Junior, Edson José de
    In Brazil and in Goiás there are numerous programs aimed at family agriculture, among them rural extension, with characteristics in its design and application that are problematic. This study shows that the problems are related to the lack of compliance with constitutional and legal determinations, lack of systemic concepts in the management of agricultural properties, as well as a lack of regional specialization that considers the knowledge of small rural producers and that can bring benefits to the chain Productive. What is perceived is a mistaken conception of such policies by starting from an erroneous conception of public function. And although it is a practical, enforcement and law-making observation, it has its best study, in a more detailed way, from the theoretical frameworks used, namely, Anthony Giddens, Ricardo Abramovay and Amartya Sen, with emphasis on the call Reflective modernity and development, based on economic, social, political and cultural concepts. After analyzing the policies of ATERs, we propose to present a policy currently employed in pilot projects by the state of Goiás, as a result of research and improvements for decades of activity of EMATER - GO - Technical Assistance and Rural Extension Company in Goiás. Results and how they have collaborated for a productive chain on a macroscopic scale is the ultimate goal to demonstrate that a new way of carrying out technical assistance and rural extension programs can and should be urgently implemented throughout the country as a development policy under the most Different aspects. Methodologically, the present research was based mainly on bibliographical readings of works and sites that bring elements related to the theme.
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    A Atuação do Movimento de Mulheres Camponesas (MMC): uma perspectiva de suas estratégias e especificidades
    (Universidade Federal de Goiás, 2018-04-16) Ataídes, Maria Clara Capel de; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Maia, Cláudio Lopes; Ribeiro, Dinalva Donizete; Dias, Luciana de Oliveira
    This dissertation focuses on the role of the Movimento de Mulheres Camponesas (MMC), or Peasant Women’s Movement, and its implications in contemporary agrarian society. Firstly, the MMC’s practices and aims were analysed from the standpoint of the group’s historical formation, members, and demands. An assessment was made of the way the group first came into contact with the agrarian issue that was being debated during the 1960s and 1970s, a period which served as the background for its strategy development. The MMC’s characteristic feminism, the specificities of its members, and its demands for agroecology, creole seeds, and food sovereignty were also addressed, to show how the organization’s actions were construed. Secondly, the moral economy of protests, recognition theory, and public activism are used to demonstrate its strategic struggle. Lastly, this study sheds light on the group’s specific role in Goiás state, Brazil, analysing the identities of peasant women and the popular peasant feminism they posit. 
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    A atuação do Tribunal Regional do Trabalho da 18ª região nas indenizações trabalhistas pelo uso de agrotóxicos
    (Universidade Federal de Goiás, 2020-02-20) Coelho, Arthur Douglas Seabra; Rocha, Eduardo Gonçalves; http://lattes.cnpq.br/4663157234421208; Rocha, Eduardo Gonçalves; Carballido, Manuel Eugenio Gándara; Diehl, Diego Augusto; Souza, Murilo Mendonça Oliveira de
    This dissertation aimed to analyze how the judges and judges of the Regional Labor Court of the 18th Region, based in Goiânia, Goiás, have judged the compensation claims filed by rural agricultural workers victims of pesticide poisoning in the work environment. Considering that the Labor Court emerged as an institution umbilically linked to the realization of social rights, does the Court in question appreciate such cases based on the mission of the Judiciary in the context of a Democratic State of Law? The theoretical framework was supported by the concepts of democracy, Democratic State of Law and democratic Judiciary presented by Maurício Godinho Delgado. The work was divided into four chapters. In the first chapter, a theoretical approach on fundamental rights was carried out, and as the Federal Constitution of 1988 guarantees rural workers victims of pesticide poisoning the right to obtain due redress from their employers, based on objective accountability, that is, regardless the existence of intent or guilt (recklessness, malpractice or negligence). In the second chapter, decisions rendered in the first and second degrees of jurisdiction were analyzed in the Regional Labor Court of the 18th Region, and verified that, despite the existence of the right of rural workers to compensation based on strict liability, in the said Court the decisions of the magistrates fix, by default, subjective responsibility, that is, they condition reparation to the presence of intent or guilt on the part of rural employers. In chapter three, the formation and concept of the Democratic State of Law, and the role of the Judiciary and judges in a democracy were addressed, in order to identify, in the fourth chapter, the reasons and implications of the dissonance between what is observed in the normative framework and what is actually decided in the Regional Labor Court of the 18th Region, in relation to the claims for indemnity deducted by rural workers victims of accidents with pesticides.
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    Banco de sementes como materialização do princípio da precaução frente ao processo de mercantilização da semente
    (Universidade Federal de Goiás, 2018-04-03) Bianchi, Giovanna Silva; Tárrega, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Tárrega, Maria Cristina Vidotte Blanco; Frota, Pablo Malheiros da Cunha; Barbosa, Ycarim Melgaço
    This study analyzes the process of commodification of the seed, which goes from a regenerative resource, surrounded by traditional knowledge and part of sustainable ecosystems, to the central commodity of agribusiness. This process involves the technological models of agriculture, the process of neoliberal globalization, reductionist science, and legal systems that legitimize only this kind of knowledge as valid. The core of this dissertation is analyzing whether the process of commodification of the seed generates risks to socioenvironmental and agrifood rights and, if so, whether it is possible to minimize them. In this sense, a hypothesis is verified that an agricultural modernization, using the commodified seed, is inserted in the world society and, therefore, produces risks for the biodiversity, the balanced environment, the adequate food, the food security and life of family farmers. Furthermore, the application of the precautionary principle, materialized in the implementation, as legal and development of databases, as a way of minimizing such risks is concluded. The present dissertation has as a theoretical framework the thought of Ulrich Beck, which discusses that the late modernization in which we live, in this work specifically focused on the agricultural field and the seed is situated in a world risk society whose risks represent the anticipations of potential catastrophes that lead to precautionary and preventive actions. The methodology employed is logical-deductive, keeping within itself the necessary cohesion and coherence with the fulcrum to the final objective: reflective answers and inquiries to deepen the study, thus seeking the contribution not only for the legal-academic community, but also a study that overflows to the existing agricultural practice in the country, because it still does not have a lot of specific doctrine on the subject.