FD - Artigos publicados em periódicos

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Navegando FD - Artigos publicados em periódicos por Assunto "Agrarian law"

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    Da exclusão do campo à inclusão na prisão: a gestão penal da pobreza agrária no Brasil
    (Maria Cristina Vidotte Blanco Tárrega, 2018-12) Miranda, Bartira Macedo de; Oliveira, Nayana Guimarães Souza de
    This article presents a study about the criminal management of agrarian poverty in Brazil, from urban and industrial transformation to contemporaneity. It seeks to unravel the socially exclusive and criminally inclusive impacts of the rapid urbanization and industrialization process in Brazil. The hypothesis is that the emptying of the countryside, pari passu with the expansion of cities, was one of the causes of structural unemployment and the formation of urban peripheries, where the marginalized majority of the population is segregated. To follow this path, we study the genesis of the periphery, building a bridge between the exclusion of the countryside and urban segregation. It is analyzed how the State - in which hopes of realizing socially guaranteed rights are placed - has become increasingly a minimal State, with minimum obligations. In the sequence, the subject of the criminal management of poverty in Brazil is approached by means of the expansion of the repression directed to the poor individuals, with a stratospheric increase in the public expenses directed to the expansion of a police force. Thus, there is an interweaving between agrarian question, criminal issue and urban violence, which involves the transfer of agrarian poverty to the cities, the formation of urban peripheries and the segregation of the poor in this place, where he will receive very little of the rule of law and will perceive the daily presence of the Criminal State.
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    Função social da propriedade rural: uma regra constitucional
    (2013) Tayer Neto, Pedro Felippe; Gonçalves Neto, João da Cruz
    This article is divided in two stages. At first, it will seek to ascertain which criteria is used in legal theory to differentiate the regulation’s species, usually separated between principles and rules. Two theoretical perspectives will be used: the classic, created between the seventies and eighties by Ronald Dworkin and Robert Alexy, and the conception headed by one of his critics, Humberto Ávila. Considering the theories, it will be established, in the second stage, how the rural property’s social function norm, obtained by interpretation from article 5º, XXII, and article 186, both from Constitution, has the legal nature of rule and not principle, as it is usually claimed.
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    Transformações do direito e desenvolvimento agrário na sociedade de risco
    (2013-12) Gonçalves Neto, João da Cruz; Tayer Neto, Pedro Felippe
    The Law and the modern agricultural development model have undergone profound changes since its inception, in industrial societies, to the presente days. New technologies such as industrial fertilizer and pesticides and the genetic manipulation brought a great increase in productivity in the twentieth century, but also the intensification of debates about the risks of contemporary agrarian activity. The purpose of this article is to analyze some of these changes in light of the risk society theories, formulated by Ulrich Beck and Anthony Giddens. In the first chapter, we will show the basic concepts of risk society. On the second, we will expose how the agrarian Law and development behaves in risk scenarios. Therefore, we propose a qualitative approach of the literature available on the subject.