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Item Narrativas da terra: questão agrária e direito no regionalismo literário de Bernardo Élis(Universidade Federal de Goiás, 2021-02-22) Agapito, Victor Hugo de Santana; Chehab, Isabelle Maria Campos Vasconcelos; http://lattes.cnpq.br/7538653380771311; Chehab, Isabelle Maria Campos Vasconcelos; Maia, Claudio Lopes; Pinto, Cristiano Otávio Paixão AraújoIn the last decades, the Law and Literature current has been conquering more and more space in the Brazilian academic environment. Even though the works have taken shape and explored the most varied themes, investigations in the area of Agrarian Law continue to receive few academic reflections. In view of this and taking advantage of the importance and dimension of the work of the Goiano author Bernardo Élis, both for the national and regional literary scene, the present research intends to verify the possible contributions of his narratives to the construction of legal knowledge and how, through his stories, Law can be rethought in the Brazilian agrarian scenario. To this end, it made use of exploratory research carried out through a qualitative analysis of data collected primarily from an interdisciplinary bibliographic review and documentary consultation. The first chapter will discuss methodological precepts and propose a theoretical construction based on a critical hermeneutics, with emphasis on the reflections made by François Ost, Paul Ricoeur and Cornelius Castoriadis, directed to the constitution and institution of the legal imaginary, through the dialogic process between Law and Literature. Then, in the second chapter, an analysis will be made about the role of Literature in the most varied representations of the Brazilian Hinterland, particularly in Bernardinian narratives, and how it is possible, from them, to reconstruct, in fiction, the dilemmas and central legal issues that plague the backcountry reality. Finally, the literary work of Bernardo Élis will be analyzed, bringing a discussion directed, above all, to the aspects of Law dealt with in his works and the possible critical reflections that are - directly or indirectly - concerning them, having as main basis his literary writings. As stated, the research seeks to have Élis's own literature as an investigative reference and discussion axis, which delineates the paths to be traced and sets the tone of the theses presented, which are, at the same time, analyzed and grounded when bringing up the theorizations of great thinkers of Law and related areas, seeking to investigate the limits and possibilities of interface between the two disciplines from the creative capacity of fiction. To this end, the works of José de Souza Martins, N. Poulantzas, Décio Saes and E. P. Thompson are mainly visited, who have a lot to contribute to the debate in the legal field. Finally, it was concluded that the hypotheses initially raised - regarding the contribution of the writings of the literate in question to the construction of legal knowledge - were fully verified, developed and discussed, so that it is possible to confirm how much Bernardo Élis's literature, in this case, it is able to foster a new look at the Law and the agrarian question within the initially intended framework, revealing new nuances and horizons that had not been explored until then.Item O cumprimento da função extrafiscal do imposto territorial rural na região centro oeste(Universidade Federal de Goiás, 2008-09-02) Anderson, Rogério Oliveira; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa da; Falconi, Luiz Carlos; Souza Filho, Carlos Frederico Marés deFrom the legal neo-positivism (or after) the principles succeeded in gaining the status of rule of law endowed with enough normative density for the direct regulation of intersubjective interactions. From there in ahead, the principles stepped into the contemporary constitutions in order to clear its position on the Kelsen normative pyramid. In this sense, when conditioning the property rights, the principle of social function is the absolute rule of law in the Brazilian legal system. As much as that the Agrarian Constitution is served by institutes of the legal-repressive order and also by the premial order just to make to be valid the principle on screen. Thus, the property that does not fulfill its social function may suffer agrarian dispossession or higher taxation. The agrarian extrafiscality is an institute of premial order, linked to the economic condition of the social function of rural property, which determines the progressivity or regressivity of tax rates depending on the productivity of rural property. More productive property, lower the rates that apply, and vice versa. However, it is observed that productivity has not been truly encouraged as the Constitution specifies why it is necessary to provide interpretation that, in preserving the usual legislation make it conforms to the exercise of the ownership to fulfill its social function, especially with regard to their economic condition, which is the agrarian productivity.Item Mineração em terras indígenas: autodeterminação dos povos, princípio da harmonia com a natureza e interpretação constitucional(Universidade Federal de Goiás, 2023-04-14) Cabral, Marcelo Budal; Fontenele, Alysson Maia; http://lattes.cnpq.br/5916938811645981; Fontenele, Alysson Maia; Dantas, Fernando Antonio de Carvalho; Mamed, Danielle de OuroUnlimited economic growth, with disregard for planetary limits, is a project without a future (without Nature there is no life). From the interpretation established by the Inter-American Court of Human Rights (I/A Court H.R) expressed in the Advisory Opinion 23/2017, recognizing (i) the interrelationship between human rights and the environment and (ii) the autonomy of the right to a healthy environment (autonomous law, which prescribes the duty of protection to all beings of Nature as legal interests in themselves, regardless of affecting any human right), understanding ratified in the contentious case of the Lhaka Honhat Indigenous Communities versus Argentina, there is a new paradigm under construction, which requires re-readings and resignifications of all legal provisions (evolutionary interpretation), including the Federal Constitution (constitutional mutation). Rights of Nature mark an ecological transition in law, a transition of paradigms that imposes the duty to act in accordance with the principle of harmony with Nature. It is the abandonment of anthropocentrisms (classic and mitigated) towards biocentrism/ecocentrism, which recognize to Nature and beings of Nature the ownership of rights, breaking with the dualism between humanity and Nature, not admitting its split. As a consequence, alternatives to development are needed, which, in practice, are implemented with a transition regime (agroecological, energy and a circular economy). Thus, although contemporary (complex) societies and (cultural/social) life as we know it are dependent on mining, respect for ecological cycles determines limits to this activity. There is also the right to self-determination of indigenous peoples (the right of a people to exist as such, a right of existence or coexistence, that is, the opposite of acculturation and assimilation). Mining on indigenous lands cannot continue without respect for the will - selfdetermination - of indigenous peoples and without respect for the rights of Nature (new rights holder, also called to demonstrate). The central problem is: in a normative system that ensures the right to selfdetermination of indigenous peoples and the rights of Nature, is mining allowed? The hypothesis is that for places where mining already exists, a transitional regime must be ensured. For the places where life in harmony with Nature already exists, it is not a case of transition, but of protection, to allow its continuity/ existence. The objective is to investigate the possibility of mining in indigenous territories, considering the right to self-determination of affected peoples and the rights of Nature (recognized its application in Brazil, from a re-signification of the Constitution - including the entire block of constitutionality and precedents of the I/A Court H.R – supported by the biocentric/ecocentric paradigm). The chapters of the research deal with the right to self-determination, the rights of Nature and the duty of transition. The research methodology consists of an interdisciplinary literature review on the subject, documentary analysis (case analysis), hermeneutic approach to the doctrine, the precedents of the I/A Court H.R and other Courts, and comparative constitutional analysis about the rights of Nature. It is a bibliographical, documentary and comparative constitutional analysis, with a hermeneutic approach. The theoretical framework is divided into several parts (according to the chapters), having as main references Germana de Oliveira Moraes (harmony with Nature) and HansGeorg Gadamer (hermeneutics). Finally, on the possibility of realization of the rights of Nature, the method is the hypothetical-deductive.Item Função contramajoritária do Supremo Tribunal Federal na proteção dos elementos culturais imateriais dos povos indígenas(Universidade Federal de Goiás, 2023-05-03) Caixeta, Marília Araújo; Fontenele, Alysson Maia; http://lattes.cnpq.br/5916938811645981; Fontenele, Alysson Maia; Munhoz Caleiro, Manuel; Silva, Liana Amin Lima daThe theme of the dissertation promotes a reflection on the role of the judiciary in protecting the intangible cultural rights of indigenous peoples, understood as a subjective cultural space that demands attention for its perpetuation over time. Thus, the research problem is whether there is a power-duty of the countermajoritarian role in protecting the cultural rights of indigenous peoples. In turn, the hypothesis resists in the affirmation that there is a function in the Federal Constitution, at the same time that this function can be a remedial mechanism for the violence suffered by native peoples. The general objective is to penetrate this subjective cultural space in modern legal dogmatics and to value it. In view of these needs, the research supports the basic theories and thoughts built by Peter Haberle and Boaventura de Souza Santos, in order to try to make a paradigmatic transition of the current judicial system, so that it reaches legal pluralism and effectiveness of the diversity of rights that are affirmed. The method used is the hypothetical-deductive, using bibliographic technique and comparative analysis of judicial decisions. Finally, the research shows the importance of rethinking the role of countermajoritarianism by expanding the interpretation of the constitutional norm beyond state institutions, because for the legitimacy of the Democratic State of Law it is necessary to insert other more democratic interpretations. The broadening of the interpretation allows the re-signification of law, as an autonomous social field, for social transformation, since the current judicial system, rooted in hegemonic western assumptions that need to be brokenItem A desigualdade como ideologia: a análise textual dos discursos de codificação jurídica das desonerações tributárias das atividades agrárias no Brasil no contexto de austeridade(Universidade Federal de Goiás, 2021-09-30) Cardoso, Melissa de Almeida; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Tavares, Francisco da Mata Machado; Sauer, SérgioThis dissertation sought to verify, through textual analysis of the discourses and ideas that pressure and structure the policy of tax relief on agricultural and agro-industrial activities, the dominant pro-prietary, meritocratic and entrepreneurial ideology that justifies, in the agrarian and economic aus-terity context, the existence of an inequality system codified by law. The qualitative research of this ideology, based on the Discursive Textual Analysis method and the use of the Atlas.ti software, carried out a theoretical review of a socio-fiscal nature, anchored in an empirical phase of collection and analysis of argumentative texts available on the virtual pages of the Chamber of Deputies, the Confederation of Agriculture and Livestock of Brazil (CNA), the Brazilian Agribusiness Association (ABAG), the Pastoral Land Commission (CPT), the Landless Rural Workers Movement (MST) and the electronic records of Direct Action of Unconstitutionality nº 5.553/2016, and that deal with the topic of tax exemptions to agrarian activities, providing justifying elements in the public space. Dis-cursive elements were found in the pieces of dissemination of ideas from the source entities, which confirmed the ideological presence of the arguments that underlie the inequalities in liberal capitalist, financialized and westernized societies, with a prevalence of occurrences of meritocratic evocations, followed by entrepreneurial justifications and of proprietary arguments. Specifically in the agrarian context, the proprietary discourse maintains an almost indisputable mantle of individual property rights, with no broader discussion among agrarian political agents about the potential of taxation as a redistribution mechanism based on a conventional view of property. In terms of merit, morality transformed into rights identified with the notion of fair allows us to realize that the values present in the legal codification express the interests of land asset holders for the creation of capital, especially fictitious, or through the manipulation of the institutes private law, or influencing governments in times of crisis; moreover, the discourse of fair rights is a face of the ideology that is more tolerable (and appealing) to public opinion, however vulnerable to the risk of building a tautological reason-ing, which does not recognize the law as a closed field in itself, neglecting the contradictory of the other two discursive faces of ideology and the recurrence of elements from other human and social sciences capable of breaking with inequalities. As for the entrepreneurial aspect, the agrarian elite of holders of fictitious land assets, according to a neoliberal conception, recognizes the State as a key element in the maintenance of the capitalist inequality system, directly influencing the indebted Fis-cal State as its main creditors; still, differences were found between the discourses mobilized within the agrarian elite, represented by CNA and ABAG, this one is financial elite that codifies capital by law without having to emphatically resort to discursive constructions in the public space, which indicates a democratic crisis, in addition of a distributive crisis. It was possible to conclude from these results the importance, and the existence of theoretical and political potential, of establishing the relationship between agrarian law and taxation, pointing to the need to create an agrarian socio-fiscal research agenda.Item Entre direitos e mercados: uma comparação entre a legislação de sementes brasileira e boliviana(Universidade Federal de Goiás, 2021-08-16) Carlos, Pedro Henrique Costa Godeiro; Rocha, Eduardo Gonçalves; http://lattes.cnpq.br/4663157234421208; Rocha, Eduardo Gonçalves; Rodrigues, Adriana Aparecida Bessa da Costa Antunes; Santos, João Paulo de FariaThis master thesis’ primary objective is to analise the relations between the Brazilian and the Bolivian seed systems and the right to biodiversity and to food sovereignty. In order to achieve it, the research is centered on the verification if the the Bolivian Wellbeing doctrine can be an indicator of a seed system that is more protective of the biodiversity and of the right to food than the Brazilian seed system. The research was made in three phases: the first, a bibliographical review, in order to define the concepts of wellbeing and the relation between intelectual property rights and seed systems; the second, a document research, in order to define the institutional framework within the Brazilian and Bolivian seed systems; and the third, a series of semi-strutured interview with key-participants and stakeholders involved in the seed systems. The food regime theory, as proposed by Mark Tilzey, was used as the main analytical framework for the discussions. The main results found were that the intelectual property rights are a central element in the definition of seed systems; that the UPOV-based frameworks are incompatible with decentralised and peasant based seed systems and that the wellbeing, albeit been a useful philosofical framework and a powerfull political concept, was not really enforced in the seed sector and, as such, is not a indicator of seed systems more in tune with peasants and indigenous peoples demands.Item O protagonismo sociopolítico das mulheres quilombolas da comunidade de Coqueiros na Bahia: uma análise a partir da interseccionalidade feminista(Universidade Federal de Goiás, 2021-02-05) Carvalho, Giovana Nobre; Chehab, Isabelle Maria Campos Vasconcelos; http://lattes.cnpq.br/7538653380771311; Chehab, Isabelle Maria Campos Vasconcelos; Solazzi, José Luiz; Conceição, Isis AparecidaLa comunidad de Coqueiros, ubicada en el municipio de Mirangaba, en el Estado de Bahía, fue reconocida como comunidad quilombola en 2006, pero aún no tiene el título colectivo de propiedad del territorio, viviendo el largo tramite de titulación conducido por el INCRA a nivel federal. Esta realidad es compartida por otras innumerables comunidades quilombolas en todo el país y demuestra las frecuentes violaciones de los derechos territoriales a las que están sometidas, además de exponerlas a diversos conflictos territoriales, negando a los habitantes de estos territorios el reconocimiento como sujetos de derechos y sujetos políticos. El papel sociopolítico de las mujeres quilombolas en la comunidad de Coqueiros apunta a nuevas posibilidades para la construcción de una crítica al derecho, como también para la gestión de herramientas de resistencia a las opresiones materializadas cuando se niegan los derechos. Para este análisis se utiliza el pensamiento feminista negro como referencia teórico-crítica y la teoría de la interseccionalidad como referencia teórico-metodológica, con el objetivo de investigar cómo el protagonismo sociopolítico de las mujeres quilombolas de Coqueiros informa sobre el modus operandi de la estructura de opresiones, organizada por nuestro sistema económico de capitalismo dependiente, articulada y reproducida en instituciones sociales. También, se pregunta por cómo la resistencia a esta estructura permite comprender las herramientas utilizadas por las mujeres negras frente a las violaciones de derechos y la violencia dirigida a ellas. Para la construcción de esta investigación se utilizó un enfoque cualitativo, primero, realizando un rastreo bibliográfico de los conceptos adoptados a fin de operativizarlos y, posteriormente, para la fase de la investigación empírica, desarrollada a través de investigación de campo, se utilizó el método de la historia oral temática, mediante entrevista semiestructurada, que tenía como foco reconstituir hechos de la historia de la comunidad de Coqueiros desde la perspectiva de las mujeres quilombolas, sujetos históricamente invisibilizados por la "historia oficial". En este contexto, la investigación se dividió en tres secciones. En el primero se presentó una encuesta bibliográfica con referencias interdisciplinares, para debatir y comprender las dimensiones insertadas en un território. A continuación, se analiza cómo se construyó la categoría jurídico-sociológica "quilombola", se presenta la revisión bibliográfica de las referencias teóricas y los conceptos clave utilizados aquí con el objetivo de delimitarlos para su operacionalización. En la segunda sección se explica el camino metodológico adoptado en esta investigación, presentando el método de la historia oral y justificando su uso, junto con un informe de la experiencia de la visita de campo de diagnóstico, realizada en 2018 a la comunidad, y la historia oral, construida a partir de los hechos narrados por las propias mujeres quilombolas de Coqueiros, participantes de esta investigación. En la tercera sección se analizaron la teoría y las líneas surgidas en el auge de la historia oral, basadas en la teoría de la interseccionalidad y el pensamiento feminista negro. Finalmente, se concluyó que las acciones de resistencia a la estructura de opresión (género, raza, clase y etnia) a la que están sometidas las mujeres quilombolas de Coqueiros, generan um pensamiento crítico y consicente sobre la imposibilidad de acceso a los derechos de las que son sujeto, como el derecho al territorio, a la vez que forjan una praxis de respuesta y resolución a las frecuentes violaciones del derecho que padece su pueblo.Item O direito de retomada de terras tradicionalmente ocupadas e a tese do marco temporal(Universidade Federal de Goiás, 2022-03-30) Chaves, Carlos Eduardo Lemos; Siqueira, José do Carmo Alves; http://lattes.cnpq.br/2363520289946658; Siqueira, José do Carmo Alves; Souza, Jurema Machado de Andrade; Caleiro, Manuel Munhoz; Treccani, Girolamo DomenicoThis qualitative empirical research aims to understand the phenomenon of land retakings practiced by indigenous and quilombola communities, from an interdisciplinary perspective, whose historical, political and legal reading also emphasizes the debate on the rebound of structural and structuring racism of Brazilian society in the landowner overview that involves the rights of these original peoples and communities. The study focuses on the use of the legal thesis of the time framework, as a reaction of political and economic sectors against the realization of their constitutional rights, which establishes for quilombolas and indigenous people the date of promulgation of the current Constitution, October 5, 1988, as reference for the materialization of the right to demarcation and titling of their traditional territories. In other words, there would only be the right to the territory for those peoples and communities that were in effective occupation of the land on that exact date. The objective of the research unfolds in the hypotheses: the adoption of the thesis of the time framework as a strategy not only to stop the demarcations and titling, but to prevent the actions of land retakings, with which quilombolas and indigenous people have been recovering the possession of their lands and territories, especially after the advent of the 1988 Constitution; and of the existence of a Right of Retaking based on the constitutional praxis of these groups in defense of the fundamental constitutional rights affirmed, and recognizing that their societies are constituted as originating from their birth and whose rights, especially to the territory, are transmitted through generations , based on jusdiversity. Starting from an understanding of Justice and Law not as abstract entities, but immersed in a social, cultural and historical context, which reflects the hierarchical relations of power, the interdisciplinary character of the research uses references from Anthropology, History, Political Science and Sociology, in addition to the Law itself, to trace the racist and exclusionary profile of the Brazilian land tenure structure. The methodology values an interaction between the bibliographic review in historical studies on the formation of identity, cultural and territorial rights of indigenous peoples and quilombola communities, ethnographic researches carried out with communities in the process of land retakings and documentary research in press material and administrative procedures and lawsuits involving the time framework thesis and territorial recovery processes. Thus, racism, territoriality, work, the environment, and rural violence are mobilized as key categories, adding content to Agrarian Law, in dialogue with Critical Theories of Law and contemporary Constitutionalism, considering the agri-food, socio-environmental and anti-racist functions that underlies the Right to Retaking of traditional territories.Item Entre idas e vindas, reviravoltas e cinzas: acampamento Paulo Freire 4 – a resistência que brota da terra à luz do pluralismo jurídico(Universidade Federal de Goiás, 2020-09-30) Coelho, Lenir Correia; Diehl, Diego Augusto; http://lattes.cnpq.br/0985343069456855; Diehl, Diego Augusto; Arruda, André Felipe Soares; Góes Júnior, José Humberto e; Souza, Maria José Andrade deThe present study encompasses empirical and theoretical research aimed at identifying whether the occupation and resistance of the Paulo Freire Camp 4 possess elements of Legal Pluralism, and how they dialogue with the State. Part of the participant research, carried out through conversation circles, participant observation and semi-structured interviews as instruments of data collection, witch permited through the experience with the peasants allowed the historical survey of the Camp, its trajectory and forms of resistance and from then on compare with Legal Pluralism pointing out the similarities and contradictions arising from the organicity of the Paulo Freire Camp 4, where the construction and / or absence of rights occurs. It seeks to highlight the participation of the League of Poor Peasants of Rondônia and Western Amazonia as a social movement of struggle for the construction of new rights, contributing to the formation of new subjects that influence the reality of the peasantry. When dealing with legal pluralism, Critical Theories of Law in Brazil are pointed out: The Law Found in the Street, Participatory Community Pluralism and Insurgent Law as theories that recognize the protagonism of social subjects in the process of building new rights. It points out that Legal Pluralism, especially that highlighted by Insurgent Law, allows us to understand the plurality of actions that involve the social relations of the Paulo Freire Camp 4, in which it also points out the peasant trajectory in the State of Rondônia, in order to demonstrate that the peasantry brings at its heart the capacity for adaptation and transformation necessary to maintain its survival on earth.Item Os direitos territoriais e as territorialidades quilombolas: o caso da comunidade quilombola do Cedro, em Mineiros, sudoeste goiano(Universidade Federal de Goiás, 2022-05-31) Damasceno, Mayron Morais; Solazzi, José Luís; http://lattes.cnpq.br/8633725753223725; Solazzi, José Luís; Tarrega, Maria Cristina Vidotte Blanco; Soares, Leopoldo RochaThe present work seeks to explain the contemporary condition of territorial rights and its relationship with the Brazilian justice system and the ethnification processes of the Quilombola do Cedro Community, located in the city of Mineiros, southwest of Goiás. The relevance of this research is anchored in the fact that the cedars, since their origins, maintain the continuity of their ways of living on their traditionally occupied territory. As a hypothesis to be investigated, it will be verified the way in which the justice system relates to and makes effective the ethnification processes, through the guarantee of identity recognition and the process of territorial regulation. In turn, its central objective is to understand the legal relationship between the demarcation of the claimed territory and the forms of protection of its territorial rights. The specific objectives consist of critically discussing the historical-political context of the formation of Quilombola Communities in the Brazilian scenario, analyzing the influence of the main economic cycles. To understand the study of quilombola territorial issues as an emergency evidenced by the processes of ethnification that deserves to be deepened in the field of studies of Agrarian Law. To describe the territorial formation of the city of Mineiros and the Quilombola Community of Cedro, understanding its historical and social evolution, as well as its spatialities and ethnic identity. Finally, to discuss territorial issues in the face of the process of ethnification of the Cedars and their relationship with the justice system through the interpretation of Public Civil Action n. 0000581-43.2016.4.01.3507 and the Administrative Procedure for Territorial Demarcation with INCRA, proposing a multicultural vision about quilombola tenure. The construction of a critical view, through the dialogue between processes of ethnification, possession and property from the perspective of Agrarian Law and Anthropology, aims to understand and deepen the emergence of a group in the fight for the protection of its territorial rights, cultural and identity. The methodological construction of this qualitative research will be carried out based on the bibliographic review and the analysis of information extracted from books, theses/dissertations, academic works, scientific articles and electronic sites of public agencies, as well as the study of a concrete case.Item A política de regularização fundiária de assentamentos rurais executada nos termos da Lei nº 13.465/2017 como forma de consolidar os descaminhos da reforma agrária(Universidade Federal de Goiás, 2022-08-31) Dias, Carla Fernanda Rodrigues; Fontenele, Alysson Maia; http://lattes.cnpq.br/5916938811645981; Fontenele, Alysson Maia; Siqueira, José do Carmo Alves; Freitas, Cleuton César Ripol deThe realization of the socio-economic objectives and goals of the agrarian reform was reduced to insignificance with Law No. 13.465/17, which, among other issues, aims at the emancipation of old settlements that have been created for 15 years until the promulgation of the aforementioned law, which will be consolidated and emancipated through the execution of the Land Regularization Policy through the Land Registry and Land Regularization Program and following up with the successor Program Titula Brasil. This new program aims at the regularization and negotiation of titles to the tracts of land held by the settlers, to be delivered against payment in order to become the private owners of such lands. In this sense, the study seeks to analyze the current scenario of agrarian reform in order to demonstrate the structural difficulties to be faced by settlers; analyze the (in)effectiveness of the agrarian reform implemented under the support public policies developed and transformed with the support of the democratic model built in the country's legal system. Then, the analysis will be developed based on the objectives and goals set forth in the National Plans for Agrarian Reform - NPAR as opposed to some public policies to support agrarian reform developed through federal programs responsible for attempts to achieve the objectives and goals set forth in the body of NPAR. Criticisms were also built based on the theories of southern epistemologies, ecology of knowledge, post-abyssal thinking and the sovereignty of society in democratic systems that have characteristics of totalitarian regimes in order to demonstrate the findings regarding the (in)sufficiency of the socioeconomic conditions of the settlers to emancipate themselves, conditions arising from the (mis)paths of public policies to support agrarian reform studied and used as a sample in this research. As hypotheses, it is possible to visualize the capacity to finish the agrarian reform and still privatize all the conditions of access to land or insufficiency and increase in the difficulty of access to the policies responsible for making the settlers' socioeconomic development viable. Both results will put pressure on settlers and result in vulnerability and exposure to financial speculators, increasing the number of parcel sales, which will intensify the process of reconcentration of land in the country, especially because settlers would not obtain the necessary public support for the effective achievement of the objectives of agrarian reform.Item Governança global da segurança alimentar e fragmentação do direito internacional(Universidade Federal de Goiás, 2021-09-23) Dias, Thais Ferreira Ivo; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Franco, Geisa Cunha; Ferreira, Helini Sivini; Belaidi, RabahSolving the problem of hunger and malnutrition in the world depends not only on legal measures, but also on economic, geopolitical, political and social measures, that is, it permeates a series of complex and fluid relations between state and non-state inter-national organizations, state policies, norms and political actions, called global food security governance. The search for these solutions began in an organized and institutionalized way, since 1945, with the creation of the Food and Agriculture Organization (FAO) and was progressively intensified, resulting in the so-called fragmentation of global governance. While some argue for the positivity of this expansion, others argue that such circumstances can be problematic, being this the perspective that will be analyzed in this dissertation. Therefore, the work will be divided into two chapters, the first being a historical reconstitution of the creation of international institutions relating their respective creations to moments of economic crisis and the second an analysis of the excerpts presented above, that is, the causes of the expansion governance and the lack of legal effectiveness of FAO's normative statements. The methods used were qualitative research and bibliographic research, and for the analysis of the lack of legal effectiveness of the FAO normative statements, a specific method described in the body of the dissertation was used. It was concluded, therefore, that the coexistence of scattered and inefficient attempts to solve the problem through the creation of multiple OIGs exacerbate the fragmentation of international law and, combined with the absence of coercive and sanctioning mechanisms characteristic of soft law, They are timid and insufficient for the effective resolution of a complex and multifaceted problem.Item Estratégias fiscais e ofensas aos direitos fundamentais da saúde e do meio ambiente(Universidade Federal de Goiás, 2021-11-04) Domingos, Ana Tereza Souza; Godoi, Emiliano Lobo de; http://lattes.cnpq.br/8611506009093617; Godoi, Emiliano Lobo de; Freitas, Leonardo Buissa; Gediel, José Antonio PeresThis dissertation aims to study whether the continual renewal of the validity of Agreement nº. 100/1997 is unconstitutional and confronts the right to health and the right to a balanced environment. For the development of the research, a qualitative approach is methodologically adopted, which allows for greater freedom of reasoning construction carried out through the analysis of documents and literature review. The research is divided into four chapters. The first chapter brings the entire structure for the development of the dissertation, as well as the legal regulation in Brazil on pesticides and the profile of use and consumption of such products in the country. In the second chapter, a study about tax incentives from an economic perspective is carried out, using as theoretical reference the Economic Analysis of Law and the Theory of Games, to then analyze the proposal of Agreement nº 100/1997. The third chapter presents ADI No. 5.553, in its formal aspect, which questions the Agreement studied. This chapter also examines the right to health and the right to a balanced environment from the perspective of fundamental rights theory. The fourth chapter covers the material analysis of ADI No. 5.553, comprising a study of the data and documents presented therein. Finally, it is concluded that a continuous renewal of ICMS Agreement No. 100/1997 confronts the right to health and the right to a balanced environment.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 O direito dos povos quilombolas à consulta e ao consentimento prévio, livre e informado e a construção de protocolos internos: o caso da comunidade Kalunga no estado de Goiás(Universidade Federal de Goiás, 2021-02-25) Faria, Juliete Prado de; Tárrega, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Siqueira, José do Carmo Alves; http://lattes.cnpq.br/2363520289946658; Siqueira, José do Carmo Alves; Arruda, André Felipe Soares de; Martini, Sandra ReginaThis research addresses the right of Quilombola Peoples to Consultation and Prior, Free and Informed Consent. The Convention 169 recognizes the right of Indigenous and Tribal Peoples to be consulted, whether or not to reach consent, whenever any legislative, administrative or judicial measure by the State affects their rights. Through observing the concrete cases presented, it is clear that the Brazilian State does not materialize the right to Consultation and Prior, Free and Informed Consent. In this scenario, Indigenous, Quilombolas and other Traditional Peoples began to build Community Protocols, mainly to “tell” the State the rules that must be obeyed in the Consultation processes. From these considerations, the following question arises: Is it possible to enforce the right to Prior Consultation in Brazil, as a Modern State, based on the norms emanating from the Peoples themselves? The general objective of the research is to understand the possibility - or impossibility - of coexistence between the Modern State and the Pluralisms in Brazil, with regard to the right to Consultation and Prior, Free and Informed Consent. Specifically, we intend to: a) carry out a literary review about the modernity and colonization european of Latin America, as defining the current conflicts involving Quilombola Peoples, with a focus on Brazil, as well as understanding the right to territory as a pillar of support for all rights of these Peoples; b) understand the experience of these Peoples in the construction of the Community Protocols in Brazil and; c) understand the main conflicts involving the Kalunga People and the construction of their consultation protocol.The theoretical framework that guided this work is Rita Laura Segato's studies on coloniality, capitalism and patriarchy. The methodology is constructed from an empirical research, using the comprehensive interview method, a concept developed by Jean-Claude Kaufmann.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 O conflito socioambiental no município de Silvânia/Goiás em razão da extração de areia no rio Piracanjuba: estudo de caso numa perspectiva jurídico-agrária(Universidade Federal de Goiás, 2020-03-05) Faval, Rubia Mara Barbosa; Machado, Vilma de Fátima; http://lattes.cnpq.br/6256319627760082; Machado, Vilma de Fátima; Siqueira, José do Carmo Alves; Braz, Vivian da SilvaThis study, linked to the Postgraduate Program in Agrarian Law, Federal University of Goiás, research line: Agrifood Law, Territories and Development, consists of the analysis of socio-environmental conflict in the municipality of Silvânia, Goiás State, motivated by extraction. of sand on the Piracanjuba River, which runs approximately 120km in that municipality. Although this natural resource is a driver of economic development in the country, commonly used in the construction industry, its extraction results from an anthropic action that, if not well equated, can cause serious impacts on the environment, some of them irreversible, which are already perceived in the conflict analyzed here. The methodological procedure used was the documentary research, which analyzed public civil actions, conduct adjustment terms, public civil inquiries, inspection reports from environmental authorities, documents that demonstrate the resistance of the population in Silvânia, regarding the continuity of the sand extraction activity in the municipality and others, referring to the environmental licensing procedures with ANM and SECIMA, focused on the mining activity highlighted. For the development of the work the theoretical-descriptive method was used, through the analysis of the data obtained from the above mentioned material, combined with the interpretation based on the reading extracted from magazines, books, scientific articles, dissertations and theses related to the theme, besides the examination, constitutional and infraconstitutional legislative documents. The research has as theoretical reference the studies on environmental (in) justice, which gave a new connotation to the social and environmental conflicts, showing that there is not an equal distribution of the benefits and harms caused by the exploitation of the environment, which in fact was evidenced at the end of the analysis performed.Item A inefetividade dos direitos territoriais indígenas e o genocídio cotidiano dos povos indígenas no Brasil (1988-2020)(Universidade Federal de Goiás, 2021-02-26) Gomes, Fábio Henrique Barbalho; Dantas, Fernando Antonio de Carvalho; http://lattes.cnpq.br/4265365823959236; Dantas, Fernando Antonio de Carvalho; Souza Filho, Carlos Frederico Mares de; Igreja, Rebeca Forattini Altino Machado LemosThis text aims to discuss the daily genocide of indigenous people in Brazil (1988-2020). The violence and deaths are situated in the historical context that follows the Constitution of 1988 and the guarantees of indigenous territorial rights. The main focus of this work is the importance of demarcation and protection of the indigenous territories as means to the protection of life. In order to do so, the work intends to respond the following questions: a) what are the relations between the ineffectiveness of indigenous territorial rights and the violence and death of indigenous people? b) The violence and deaths approach theoretically and methodologically to the “daily genocide” category? The hypothesis is that the lack of possibilities to satisfy material and spiritual necessities – regarding the guarantee of territorial, identity, cultural and constitutional self-government rights –, the deconstitutionalisation practices and the absence of social policies contributed to “daily genocide”. Furthermore, the major goal is to demonstrate, based on the “historicization of normative concepts method” (Senent de Frutos), and also on the empiric data obtained by the documental analysis of “Indegenous People in Brazil” (“Povos Indígenas no Brasil”) series – created by the Ecumenical Center of Documentation and Information (Cedi) and the Socio-environmental Institute (Isa) –, that the consequences of the Brazilian State’s actions and omissions regarding the ineffectiveness of constitutional guarantees of territorial demarcation and protection contribute to daily genocide. To enlighten the analysis, the theoretical framework is founded in the “indigenist politic” studies (Souza Lima); specific territoriality (Almeida; Shiraishi Neto; Pacheco de Oliveira); indigenous territory (Souza Filho; Martinez de Bringas); genocide (Lemkin) and daily genocide (Clavero). In conclusion, the empirical research demonstrates that the ineffectiveness of indigenous territories rights makes satisfaction, production and reproduction of life impossible, besides the fact that contributes to violence and extermination of people that belong to a specific ethnic group. These practices compose a gradual violence: the daily genocide.Item 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 Mineração e garimpo em territórios indígenas e os impactos nos direitos culturais desses povos: o reflexo do mundo moderno que atinge a relação dos povos indígenas com a natureza(Universidade Federal de Goiás, 2023-02-28) Guimarães, Milena de Paula Faria; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Caleiro, Manuel Munhoz; Avzarade, Pedro Curvello SaavedraThe theme of this research is mining on indigenous lands. Verify how mining on indigenous lands affects the cultural rights of the native peoples of these territories. The construction of the debate is in the relationship that indigenous people have with nature, and how this characteristic is necessary to the construction of social and cultural reality, as traditional ways. Nevertheless, in a different way, from the current conception of modernity, the dominant society is based on anthropocentric, ethnocentric, eurocentric, and capitalist ideas. With these justifications, the possibility of the activity is allowed. However, the legal order recognizes indigenous cultural rights, in which degrading practices of nature, invasive to the territory, destabilizing the economy and harmful to health and indigenous food, affect the social organization, customs, and traditions of indigenous peoples. Because of the affectionate relationship with the land, the loss of these elements affects rights, specifically cultural rights related to the cultural formation of indigenous ways of life. The general objective is to analyze how mining on indigenous lands can hurt and bring problems to the cultural rights of these peoples, due to the relationship they have with the land. The specific objectives consist of: explaining the legislation pertinent to the theme, both regarding mining, as well as regarding indigenous cultural rights; relating the controversies of regulation as a consequence of the modern world, verifying how Brazil stands in this situation; exploring the relationship of indigenous people with nature, verifying how this relationship integrates the cultural reality of these peoples from reports with indigenous opinion. For the elaboration of this research, the method used is deductive, with qualitative research of exploratory object. The theme will developed through theoretical bibliographical research, with the reading of works that deal with the subject, which contribute to the understanding of the theme and to the solution of the problem presented. The materials used will serve as data and secondary sources for the conclusion of the research. For the survey of the argumentation, indigenous authors will used to demonstrate their conception of life, including also reports by indigenous associations about the situation in their lands. Complementing the idea, works by researchers focused on the study of indigenous peoples, also those characteristic of research on mining lands and pertinent to the cultural study. The theories used start from an initial plan of the colonialism of power, complemented by authors who report on the formative elements of 'modernity'. Consequently, of this formation, the Brazilian reality is seen by the theories of its situation before the world, with the term dependent capitalism. Through the research, it is possible to conclude that mining on indigenous lands affect the cultural rights of these peoples, due to the relationship they have with nature. This characteristic forms the indigenous cultures and is the ways of life of the original peoples. Therefore, as the legal system recognizes these rights, it is necessary to seek an effective implementation to prevent extractive activities from occurring on indigenous lands or, when they do occur, to comply with minimum requirements in accordance with indigenous acceptance.
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