Conflitos agrários: a atuação do juiz numa abordagem histórico-criminal
Nenhuma Miniatura disponível
Data
2015-06-30
Autores
Título da Revista
ISSN da Revista
Título de Volume
Editor
Universidade Federal de Goiás
Resumo
Agrarian conflicts: the role of the judge in a criminal-history approach aims to address in the
required depth, about what instruments the judge who militates in the criminal field of
agrarian conflicts have to apply to acting with deliberation, fairness and justice required
before of the case. For this, back in time and go to the time leading up to the system of
appearance of land grants in Brazil. It points out that the system of land grants, as
implemented in Portugal first, aimed at solving specific issues, such as a strong supply crisis
that was mainly in Portugal but also in other countries. Nevertheless, Portugal decides to
deploy in Cologne newfound, Brazil, the same system deployed there, this incorrectly, with
bias and with great disorder, privilegiano a small class of noble people or prestige enjoyed by
the Crown. This disorganized and unfairly generated, according to many historians, the
latifundia in Brazil. The land issue in Brazil has its origins in the way we implemented the
system of land grants in Brazil. This not only generated large estates, but, in particular, was
the cause of the first conflicts existing here. From the earliest conflicts, those between
sesmeiros and squatters, to the present time, there are thousands of outstanding conflicts in a
state of effective action in the rush to try to contain the problems of land tenure. From these
historical data concerning the origin and form of distribution of land in Brazil, as well as data
on the conflict, the work seeks to bring the judge die elements more strictly criminal, as the
postulate of minimal intervention so that in case Concrete related to agrarian conflicts, the
judge's analysis is as comprehensive as possible, preventing, blindly, that only repressively
apply strictly dogmatic criminal law. The thesis points out that the judgment and the
sensitivity of the judge in everyday approach must pass necessarily by in-depth knowledge of
the historical and social issues surrounding the issue of agrarian conflicts. A judgment of the
Superior Court of Justice - STJ, the Habeas Corpus - HC No. 5574 / SP is taken with one of
the bases for the construction of the idea that wanted to bring in the dissertation. He
concluded the STJ every citizen has the right to protest and demand the implementation of
agrarian reform. He concluded, though, that mister judge, it is essential that judge has a keen
discernment to distinguish the crime of the right to protest Based on this, brings out the
teachings of Francesco Carnelutti on some features that should have the judge what is called
the act in criminal proceedings so that, in this case, especially on the theme of agrarian
conflicts, acts not to criminalize conduct, but to contain them, seeking the composition of
conflicts applying to a minimum, the repressive criminal law.
Descrição
Palavras-chave
Conflitos agrários , Sesmarias , Latifúndio , Juiz , Direito penal , Agrarian conflicts , Sesmarias , Landowners , Judge , Criminal law
Citação
SOUZA, R. N. Conflitos agrários: a atuação do juiz numa abordagem histórico-criminal. 2015. 143 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2015.