FD - Artigos publicados em periódicos

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Navegando FD - Artigos publicados em periódicos por Autor "Belaidi, Rabah"

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    A função social do imóvel rural e a monocultura da cana de açúcar
    (2012) Ratke, Bruna Nogueira Almeida; Belaidi, Rabah
    This article focuses on the central points of the environmental issues around the social function of rural property and the monoculture of sugar cane. Discussions are faced by the philosophical approach of property in the view of Rawls and Locke and their influence on the current legal conception of the social function of rural property. It analyzes the expansion of monoculture of cultivation of sugar cane in the areas of Cerrado in Brazil, generating environmental and so- cial negative impacts such as the emission of pollutants into the at- mosphere by the burning of fields and the rural exodus, injuring the ecological aspect of social function of rural property, being subject to civil and criminal liability, and the expropriation of the property
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    L’autonomie normative dans l’entreprise: approches de théorie du droit
    (Maria Cristina Vidotte Blanco Tárrega, 2015-12) Belaidi, Rabah
    The discussion about the foundation of the normative power at an enterprise mobilized multiple retorical resources for more than a century of discursive academic activities. The limits of the doctrinaire-dogmatic theories need a reflection verticalization which can be offered through an approach of law theory. Starting from a metajuridical point of view, the normative autonomy can be studied in a real and complete way, under the condition of finding a protocol or an operative tool. The institutional analysis, well devoid of always delimited frontiers, offer possibilities and heuristic virtues and reveal beyond the sociological explanation of the power at the enterprise, but also your relations with the law of the state.
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    O princípio da insignificância na tutela penal ambiental: uma análise de jurisprudências
    (2011-12) Ratke, Bruna Nogueira Almeida; Belaidi, Rabah
    Given the scope of environmental criminal type there is a needy of addressing it under the light of the principles of minimum in- tervention of criminal law and insignificance, to use the criminal sanction in extreme cases, given the ineffectiveness of civil and administrative penalties. The application of these principles is not totally accepted by the majority jurisprudential scholars and un- derstandings that underlie their inconsistency with the principles of prevention and precaution, grounds of environmental law, una- ble to verify the actual enhancement of environmental damage to the ecosystem, beyond all the environmental damage generate extremely gravity. Given this impasse, this study aims at demons- trating the principle of insignificance in the environmental crimes, showing the divergence of doctrine and jurisprudence.
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    Redistribuir pelo Direito? O discurso de algumas organizações internacionais sobre o acesso a terra
    (2014) Belaidi, Rabah
    If the question of land redistribution may be the subject of studies in different fields of knowledge, the legal approach must be practiced taking into account aspects of theory of law. Empirically, an analysis of international organizations discourse on access to land allows to highlight two models of land access policy. The first has redistributive goals as well as a classic land-based security based on classical property rights. In turn, the second model, adopted by the World Bank – Agrarian Reform Model Market –, moves away from redistributive objectives and privileges a system based on the market.
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    Segurança alimentar na América Latina: análise da política agrícola do Banco Mundial
    (Universidade de Federal de Goiás, 2015) Curado, José Anselmo Fleury; Belaidi, Rabah
    This article has established an analysis of the Bank's agricultural policy from a focus on development. Through a comparative analysis methodology, we sought to investigate the Bank's speech, contrasting it to the guidelines set out in Resolution 41/128 of the UN General Assembly on the Right to Development. It was intended to point out contradictions that reveal a liberal content not expressly recognized at the time of formulation of this policy. The purpose of the article was seeking to establish food security and poverty reduction, although substantiate entire speech about the agricultural policy of the bank, are not the main focus of this. It is effectively concealment of a liberalizing policy designed to transform the land into a commodity, providing the basis for the free movement of capital in the countryside.