FD - Faculdade de Direito
URI Permanente desta comunidade
Navegar
Navegando FD - Faculdade de Direito por Título
Agora exibindo 1 - 20 de 220
Resultados por página
Opções de Ordenação
Item A atuação das organizações sociais de saúde nos hospitais de campanha dentro da política pública de saúde: um estudo no caso do estado de Goiás no contexto da pandemia da covid-19(Universidade Federal de Goiás, 2023-05-16) Valle, Anna Carolina Miranda Bastos do; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Costa, Andréa Abrahão; Valle, Vanice Regina Lírio do; Bitencourt, Caroline MullerThis research has the scope of investigating public hospital health policy based on management contracts with social health organizations in Goiás, focusing on the role of control bodies in monitoring and evaluating this public policy in the context of the covid-19 pandemic. 19. The universe of study is delimited in the analysis of the state hospital management within the scope of the Department of Health of the State of Goiás. The sample selected for the investigation is equivalent to the emergency management contracts carried out with social organizations for the management of field hospitals for the care of patients with covid-19. The theoretical framework for organizing this research is the Law and Public Policy Approach and the methodology adopted was bibliographic research and documentary research. The analysis method is presented through the deductive method. An analysis of federal legislation, national jurisprudence and state legislation was carried out to, together with the construction of the reference framework for public hospital management policy through social organizations in Goiás, raise the necessary legal subsidies to carry out the diagnosis. This was carried out in 3 (three) stages through qualitative research, of a descriptive nature, using the documentary approach. The first stage analyzes the scenario of the covid-19 pandemic in the State of Goiás and the related legislation. The second stage includes the diagnosis of SES' performance in the process of monitoring and evaluating management contracts during the covid-19 pandemic through the analysis of the items: (i) qualification; (ii) general information; (iii) financial and (iv) accountability. The third stage includes the analysis of the performance of the State Comptroller General (CGE), the Goiás Agency for Regulation, Control and Inspection of Public Services (AGR), the State Court of Auditors (TCE), the Legislative Assembly (ALEGO), of the Excellence Council of Public Hospital Units Managed by Social Health Organizations and the State Health Council in monitoring and evaluating the management contracts signed with OSS in Goiás for field hospitals in the years 2020 and 2021. At the end, it is necessary to structure the governance of the aforementioned public policy in order to have a coordinated action between the actors that compose the legal-institutional design, the broad evaluation of the public policy and not only the punctual monitoring of the management contracts, greater popular participation and social control, reformulation of procedures to avoid payments for estimates, verification of integrity programs, active internal control, external control of public policy and the realization of the fundamental social right of health for the population.Item A concepção dialógica e as políticas universitárias extensionistas na Universidade Federal de Goiás(Universidade Federal de Goiás, 2023-08-29) Félix, Murilo Emos; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Coelho, Diva Júlia Sousa da Cunha Safe; http://lattes.cnpq.br/4931359354042532; Coelho, Diva Júlia Sousa da Cunha Safe; Carvalho, Sílzia Alves; Oliveira, Gustavo Paschoal Teixeira de CastroUniversity extension as one of the pillars of universities plays a fundamental role in the pedagogical process of undergraduates and society, while serving as an effective method of sharing science and popular knowledge. However, since the period of redemocratization of the country and re-signification of the State and of education, based on Paulo Freire's thought, university extension not only communicates and disseminates science, but occurs in attention to the dialogic principle in an attempt to overcome the welfare conception . In the sense of dialogue, the university promotes a qualified interaction through the exchange of knowledge, no longer just providing one-way information. In this context, in 2014, as provided for in the National Education Plan, the mandatory inclusion of at least 10% of the undergraduate curriculum dedicated exclusively to extension. The research surveys how the Federal University of Goiás politically develops extension. As for the curricular insertion process, the research elaborated a questionnaire applied to the professors of the Campus Goiás of the UFG, as well as used the database supplied by the Pro-Rectory of Extension and Culture of the UFG. Inferences were drawn from both instruments as to the perspectives of extension up to this stage of implementation of the curricularization, among the main ones we can mention: the positive reception of the curricularization process and the difficulty of redoing the curricula . The investigation involves the analysis of the UFG's Institutional Development Plans (PDI's) and other institutional documents such as the Management Plan and the Pedagogical Political Projects of the Courses. Finally, the research produced a diagnosis on university extension at UFG, with the main conclusions being the finding of a fragmented policy for extension in the sense of a preponderance of actions developed for convenience. On the other hand, the curricularization process must change this situation with the inclusion of actions in the PPC's, making them officially part of the course policyItem 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 IsaguirreThe 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.Item 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 BenitezViolence 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.Item Administração pública, conflito e arbitragem: política pública de acesso extrajudicial à justiça(Universidade Federal de Goiás, 2019-08-12) Natal, Miccael Pardinho; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Vasconcelos, Antônio Gomes de; Vieira, Lucas Bevilácqua CabiancaThis research lends itself to investigate the phenomenon of arbitration within the Public Administration. In this sense, it begins by studying the so-called consensus management paradigm, in which the state opens itself to the consensual solution of conflicts. It also focuses on the general study of arbitration, exploring its character, at the same time, contractual and jurisdictional, identifying its elements and pointing to how they come to be conceived when the Public Administration participates in the process, either as a party, or in the position of arbiter. A conflict analysis is made, indicating, from game theory, how in the arbitral process the conflicting parties can behave cooperatively, even though they occupy opposite poles. Then, using a functional analysis of the law aimed at a legal study of public policies, is investigate how arbitration can function as a public policy of access to justice, having instrumental (media) and teleological (end) content characteristic of a public policy. There is a qualitative research, with a bibliographic documentary approach, for the development of the theoretical questions, with the aid of case study. It also uses the dialectical-argumentative method, taking advantage of elements of the rhetorical study of law. As for the theoretical references, the research uses post-positivism, philosophical hermeneutics, the functionalist approach to law and game theory applied to conflicts.Item 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, FláviaThis 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.Item 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 AntônioThis 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!Item 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 LopesSince 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.Item 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 LuísThe 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.Item 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, RabahEsta 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.Item Análise da política pública de justiça restaurativa desenvolvida no centro de atividade restaurativa (CEJUR) em Goiânia(Universidade Federal de Goiás, 2022-08-18) Lima, Lucilia de; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Silva, Juvêncio Borges; Tavares Neto, José QuerinoThis research has as its object of study the Judicial Public Policy of Restorative Justice implemented at the Centro de Atividade Restaurativa de Goiânia, from 2017 to 2021, an initiative of the Judiciary of the state of Goiás, which took place with the Decree nº 1.346, of June 12, 2017, based on the Resolution nº 225, of May 31, 2016, of the National Council of Justice, which provides for the National Judicial Public Policy on Restorative Justice, defined, in its preamble, as a policy of access to justice, through a consensual approach to conflict resolution, providing participation for those involved in conflicts and violence, in the search for reparation and restoration of damages as far as possible. Therefore, it is proposed to present a diagnosis regarding its implementation, referring to the question: how is the fulfillment of the Public Policy of Restorative Justice in Centro de Atividade Restaurativa in Goiânia? Throughout the understanding of this problem, the path developed starts from the theoretical survey on Restorative Justice in its history, its values and its principles. The discussion concerning the retributive and restorative paradigms points out the differences between the punitive system and the new restorative proposal. The legal framework and implementation in Brazil as Public Policy are presented. In a second moment, Law and Public Policies are approached, with the aim of presenting as a product a legal-institutional diagnosis of the program in question. It should be highlighted that the empirical method guides the study, of an exploratory-descriptive non-casual nature, in which documentary and bibliographic research will be carried out, of a qualitative and quantitative nature, and comprises the application of the Law and Public Policy Approach in the production of legal and institutional diagnosis. It is aimed to survey the profile and satisfaction of beneficiaries, according to the following hypotheses: following its implementation, the program has promoted greater participation of those involved in conflicts and violence, and it has developed adequate environment for safe procedures for care in restorative justice in accordance with Decree nº 1.346, which establishes it. According to the premises above, it is concluded that in Centro de Atividade Restaurativa, the restorative justice policy was implemented, which has provided the participation of the beneficiaries; takes place in an adequate and safe environment; and presents an expansion plan. However, it lacks the construction of an evaluation and monitoring plan that allows this expansion and measurement of the results of actions already in progress, which results in effectiveness and efficiency for the improvement of the implemented program, which is still incipient.Item 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 LuísThis 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.Item 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/3359203015249134The 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?Item 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 daThe 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.Item 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 BernardinoThis 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.Item 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 JoséThis 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.Item 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 DiasThis 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. .Item 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 FrancaThis 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.Item 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 deQuilombola 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.Item 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 AugustoThis 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.