FD - Artigos publicados em periódicos

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Democracia, direitos e política fiscal: desafios para a reconstrução democrática brasileira sob o novo marco fiscal
(Universidade Federal de Goiás, 2023-12-20) Tavares, Francisco Mata Machado; Deccache, David José Pereira
A vast and eclectic contemporary political science literature identifies a mutual implication between the processes of de-democratization observed since the 2010s and the primacy of austerity fiscal policies, especially in the Global South. Based on this premise, we address the risks that the so-called Sustainable Fiscal Regime, implemented through LC200/2023, presents for the democratic and constitutional reconstruction of Brazil. A theoretical justification of the centrality of the fiscal realm in modern democracies is followed by a specific discussion of the economic and political problems associated with austere public finances. On these bases, interpretations and simulations of scenarios are produced that indicate the incompatibility between the fiscal rule approved in Brazil in 2023 and the satisfactory implementation of public policies that materialize electoral preferences and fundamental rights
Conflitos, soberania hídrica e os fins da água: efeitos sobre famílias camponesas e geraizeiras de Petrolina (PE) e Correntina (BA)
(Universidade Federal de Goiás, 2023-08-21) Silva, Thiago Henrique Costa; Silva, Dedierre Gonçalves da; Ribeiro, Dinalva Donizete
This article aims to understand the legal outline that the country has been granting water, correlating with the concept of development and water security. Therefore, discusses water as a commodity and as a human right and the effects of adopting these perspectives. In a dialectic exercise, bibliographic, documentary, legislative, and jurisprudence research was done. The methodology served to understand the process of monetizing water resources and the discourse that this is the only way to promote sustainable development and water security. Next, confronts the sustainability theory with the water conflicts that occur in Brazil. Thus, it is understood that the involvement must come before the development, so that man can consider nature in itself and not for himself. Therefore, in addition to security, it is necessary to think about water sovereignty. In summary, we seek to build a collective political and legal agenda that guarantees the right to water for all and respects the plurality of existing needs.
Análise da aplicação do princípio da vedação de retrocesso ambiental pelo Supremo Tribunal Federal em julgados de (in)constitucionalidade das áreas rurais consolidadas
(Universidade Federal de Goiás, 2022-01-21) Marin, Eriberto Francisco Bevilaqua; Mascarenhas, Giovanni Martins de Araújo
The present research adopts a qualitative approach and is developed through bibliographic and documentary analysis of doctrinal decisions and constructions, with the adoption of the deductive method so that, after analyzing the historical and legal configuration of the principle of prohibition of the setback in environmental matters, it is possible to understand and consider the application of this principle by the Supreme Federal Court, in the judgment of the direct actions of unconstitutionalities and the declaratory action of constitutionality with respect to the creation of the Consolidated Rural Areas by the Forest Law No. 12,651, of 2012, which provides for the Brazilian Forest Law. In this context, an approach is made about the evolution and understanding of the environmental issue in the global scenario, of environmental regulation in the Brazilian Federal Constitution of 1988, and the creation of the Consolidated Rural Areas. Afterwards, the principle of prohibition of setbacks is analyzed, as guarantor of the environmental conquests, which aims to ensure protection to the environment, as well as its unfolding in the duty of progressive protection, either by state agencies or by private individuals. At the end, it appears that the STF quotes and analyzes the principle in several passages in the judgment, however without its effective application. In that way, it is concluded that there was an incorrect application of the principle of prohibition of environmental retrogression by the Supreme Federal Court in case of Law No. 12,651 / 2012.
O som ao redor (2012): ecografias jurídicas do autoritarismo brasileiro
(Universidade Federal de Goiás, 2022-01-01) Tárrega, Maria Cristina Vidotte Blanco; Guimarães, Pedro Henrique Corrêa
O Som ao redor (2012) is a brazilian film produced and scripted by Kléber Mendonça Filho. The film deals with the transformation of the imaginary of violence in Brazil in the 20th century and the overflow of a techno-legal machine to produce silences, in which normativity merges with chaos. The work has a methodological perspective of discourse analysis, in a materialistic aspect. The objectives are to question the structures of meaning and their deviations and to reach the constitutive historicity of contemporary militias and violence.
Aplicação de análise jurimétrica nas decisões do Tribunal de Justiça de Goiás em sede de habeas corpus: o (des)equilíbrio da balança
(Universidade Federal de Goiás, 2022-03-08) Santos, Pedro Sérgio dos; Fernandes, Anderson Pablo Pereira
The text presents research carried out at the Goias State Court of Justice (Brazil), more specifically in the first and second Crimean Chambers, in which, through the method of empirical study in law called jurimetry, the statistical data of judgments and decisions in the requests for Habeas Corpus from the respective collegiate bodies in the second half of 2018. This article aims to demonstrate that in the collegiate of Goiás there is a clear tendency to refute the requests for Habeas Corpus pleaded by the defense, denying the vast majority of requests addressed to them. Thus, it is intended to highlight the subjectivity of the Court of Justice, which, acting in symbiosis with the Public Prosecutor’s Office, is foreign to the balance sought by the Democratic Rule of Law. a fact that directly affects public imprisonment policies.
Interdisciplinaridade e erro categorial na via da interconexão do campo dos direitos humanos e as ciências
(Universidade Federal de Goiás, 2016-10-06) Medrado, Aline Santos Leite; Lima, Ricardo Barbosa de
A aquisição de terras brasileiras por estrangeiros para as práticas da ecologia de livre mercado
(Universidade Federal de Goiás, 2014-05-19) Gonçalves Neto, João da Cruz; Tayer Neto, Pedro Felippe; Derani, Cristiane
This article’s purpose is to demonstrate how the free market environmentalism practices would be stimulated by mitigating the restrictions to the aquisition of brazilian land by foreigners imposed by the Law 5.709/71. It will also be exposed the ecological, economical and social negative consequences, such as the agrarian reform impracticability, the large unproductive landholdings formation and the intensification of a market for buying and selling rights to pollute and deforest.
Política agrícola e produção integrada
(Universidade Federal de Goiás, 2010-05-06) Tárrega, Maria Cristina Vidotte Blanco; Araujo, Ionnara Vieira de; Rodrigues, Maria Luiza Silveira
Integrated agriculture is a federal government public policy, coordinated by the Agriculture Ministry, Livestock and Supply - MAPA, aims to raise standards of quality and competitiveness of Brazilian agricultural products, allowing the small farmers parti cipate in the market. It aims to achieve safe food with high quality, produced under the social responsibility principles and less harmful to the environment. In this context this paper will discuss whether this policy is really an emancipatory politics, and if it reaches the social function principle.
O novo regime fiscal brasileiro e a democracia: interpretações sobre uma incompatibilidade
(Universidade Federal de Goiás, 2018-12-17) Tavares, Francisco Mata Machado; Ramos, Pedro Vitor Garcia
The most severe contractionary fiscal policy in the recent history of capitalism, perhaps the largest ever proposed in the history of mankind, takes shape in the Brazilian scenario in December of 2016. Constitutional Amendment 95 legislates on public expenditures, preventing the increase in spending for primary expenses for twenty years and excludes from the debate the restriction of the increase of the interest of the public debt and its rollover, as well as not contemplating the non-dependent state enterprises, responsible for increasing the Union’s liabilities without control of the main organs of maintenance of the public budget. Under a theoretical prism, the above picture can be read from Schumpeter’s vision (1991 which had anticipated the end of the Tax State as early as 1918, a framework that seems to be taking place today, under fiscal crises in several countries around the world. We would possibly be under a scenario that Colin Crouch (2004) defined as post-democracy, also in order to show the negative effects that the contractionary fiscal policy presents in relation to the current democratic regimes. Under the historical context in which the relationship between the economic policies implemented after the 2008 crisis and the consequences to the democratic State is discussed globally, the following question arises: Does the new Brazilian Fiscal Regime, by reducing the provision of fundamentalhuman rights and the state capacity of the Brazilian government, increases a reduction potentiality on the levels of fiscal democracy (Habermas, 1998; Tilly, 2007)?
Invisibilidade interseccional, superinclusão e direitos humanos
(Universidade Federal de Goiás, 2022-04-20) Pagliaro, Heitor de Carvalho; Oliveira, Lorena de
In this article, we argue that a universalist conception of human rights by promoting overinclusion leads to the intersectional invisibility of various inequalities women suffer. Intersectionality is directly related to the interaction between social markers of difference, providing a methodological and theoretical perspective that allows comprehending the convergence of conjugated oppression that lies in the core structureof some systems of discrimination. Hence, the idea of intersectionality can help develop better social and legal mechanisms to promote equality than the idea of unity, typical of the universalism of overinclusion, as it creates conditions for visibility to the different axes of oppression in which women find themselves. This article analyses the main question through a critical literature review, particularlly that on intersectional feminism, based essencially on the thought of Kimberlé Crenshaw and Grada Kilomba
O conceito de defesa social e segurança pública na ordem democrática brasileira
(Universidade Federal de Goiás, 2019-07-01) Miranda, Bartira Macedo de; Cardoso, Franciele Silva
The theoretical formulations that enabled the construction of social defense ideas have several aspects and even constitute contradictory ideas designated by the same expression “social defense”. The ideas of social defense began to be disseminated in Brazil in 1884, by the Law Schools of Recife and São Paulo, and were widely adopted in penal legislation with the edition of the 1940 Penal Code and the Criminal Procedure Code of 1941. Nowadays the social defense discourse is diffuse and articulates around a conception of criminal law of the author (taking the labeled criminals as enemies of society and that need to be fought), and in the name of this social defense, all sorts of human rights violations, which mark public security in Brazil, are justified. Not infrequently, human rights violations are accompanied by a justifying discourse that invokes the need for social defense in the fight against crime. This article seeks to understand the concept of social defense and public security, with its theoretical ramifications and ideological issues that permeate them. It seeks to trace the theoretical path taken in the formulation of concepts and reflect what can be understood by social defense and public security in the democratic order in force in Brazil, at the beginning of the 21st century.
Integração normativa para avanços científicos com nanotecnologia
(Universidade Federal de Goiás, 2019-03-25) Nolasco, Loreci Gottschalk; Santos, Nivaldo dos
Despite the many challenges posed and still, the appeals to moratoria for governments and in dustries to address the problems generated by convergence technologies, such as nanotechnology, that from laboratories, research results win the industry and become products and services that already Are available for consumption, and their risks to human health and the environment have not been adequately assessed, and without proper monitoring of waste disposal, legal regulation of the use of this technology has slowly advanced around the globe, including in Brazil. After a survey and analysis of the literature, the develo pment, applications and probable risks to the health of consumers and workers and to the environment, coming from innovations with nanotechnology, were described. It was concluded that in the absence of specific legislation for this matter, Brazilian law should regulate nanotechnology by way of reflection throu gh the integration by analogy of diplomas applied to subjects of the same ratio legis, that is, protection and general obligation And reasons for the adoption of the constitutional principle of precaution established in domestic legislation such as the Biosafety Law and the National Solid Waste Policy, and in international law, in addition to observing inspiring constitutional principles the system of analogy juris, such as humandignity, respect for life and health, which constitute the most general norms of the system, such as those in the Federal Constitution and the Codes.
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.
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
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.
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.
Juridicização da história e totalitarismo
(Universidade Federal de Goiás, 2020-07-31) Pagliaro, Heitor de Carvalho
This article problematizes the political discourses in the Institutional Acts of the military dictatorship, considered as historical sources, in order to analyze the conditions of possibility of the political power of the Brazilian government during the military coup in 1964. I conduct this analysis considering the notions of law-making violence and law-preserving violence on Jacques Derrida’s Force of Law. The aim of this work is to understand, in political philosophical terms, the political transitional movement during the military coup in Brazil, considering the question of legitimacy of the government in a context of totalitarian revolution, in order to analyze how thinking politics as a matter of legality could lead, in some sense, to a juridicalization of history.
Entre a história medieval e o direito agrário: aspectos do problema da posse e da propriedade na provença medieval e no Brasil contemporâneo
(Universidade Federal de Goiás, 2020-08-28) Salles, Bruno Tadeu; Tárrega, Maria Cristina Vidotte Blanco
Our experience and dialogue within the Post-Graduate Program in Agrarian Law at UFG, between 2014 and 2015, provided interesting thoughts about the problems of the medievalist and the legal researcher in dealing with phenomena of possession and property. Notably, we note that both share the concern to deal with the limits of contemporary tools to build an understanding of the experiences of historical subjects, whether in the lordships of Provence in the 13th century or in the traditional communities of Brazil in the 21st century. Based on this concern, this article proposes to outline some possibilities for thinking about those experiences. They are based on the understanding of concepts such as the social sense of ownership and agrariety. They would prove to be fundamental to overcome the reduction in the diversity of phenomena and experiences of possession and ownership to the perspectives and models of Western modernity.
Nacionalismo, reconhecimento e conflito árabe-judaico
(Universidade Federal de Goiás, 2020-12-01) Pagliaro, Heitor de Carvalho; Martins, Laércio Melo Martins
This article analyses the elements that constitute the Jewish nationalism and influenced the creation of the State of Israel, the links between the international political context and the Arab-Jewish conflicts and the relations between these conflicts and the political notions of recognition and identity. The study is based on documentary and bibliographic sources and has as theoretical reference the thought of literature on Jewish nationalism.
Entre indicaciones geográficas y patrimonio inmaterial en el caso havana club
(Universidade de Federal de Goiás, 2022-01-21) Carrasco, Janny; Carrasco, Zadys
The legal protection of geographical indications (GIs) is an indispensable element in balancing the local versus global dichotomy. The objective is to analyze the international conception of GIs and their relationship with intangible cultural heritage, exposing challenges and opportunities in the context of Cuban legislation and taking the Havana Club case as a reference. For this, we define as the hypothesis of thestudy that: GIs in the Cuban reality constitute an example of the need to reinterpret GIs from the role of intangible cultural heritage and the role of the land in the materialization of its protection. The methodology used is of a transdisciplinary approach and for this it relies on logical, historical-social, cultural and legal methods, assuming the combination of methods from the social and legal sciences in particular. As a result, it is concluded that the expansion and inclusion of intangible cultural heritage and its interrelation with GIs is essential in the materialization of the legal protection of GIs in the Cuban context, as it will allow the protection of local cultural values and increase their legal guarantees. The study’s contribution lies in a new interpretation of GIs in relation to intangible cultural heritage.

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