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Item A função social da propriedade da terra na concessão de liminar em ação de reintegração de posse(Universidade Federal de Goiás, 2015-02-20) Abreu, Natasha Gomes Moreira; Santos, Nivaldo dos; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Belaidi, Rabah; Macêdo Filha, Maurides Batista deThis work aims the theme of the social function of land ownership in the injunction granted in repossession action and was developed within the Basics line of research institutes and Legal Property and Possession. The discussion is guided by the research problem on the interpretation of article 927 of the Civil Procedure Code to grant a preliminary basis in the legal protection of land ownership in collective disputes without conditioning it to the attention of the social function and if it complies with the legal and constitutional framework and the open society of interpreters. The theoretical framework adopted is the Peter Häberle's theory of Open Society of Interpreters of the Constitution which uses the concretizing hermeneutical method. The objective was to demonstrate how the Judiciary underlies the requirement or not the fulfillment of the social function of land ownership for granting repossession injunction and its stance on the constitutional principles. The research was developed through a literature review and case study farm Repossession Santa Monica occupied by the Rural Workers Landless Movement, referring to paragraph 296220-60.2014.8.09.0000 process of Treasuries and stick 2nd civil Corumbá the County of Goiás. The results show a negative response to the problem investigated, the protection of property of land subject to the fulfillment of the social function was not observed in the preliminary ruling given by the stick judgment. Thus, the position of the judiciary does not proceed to completion of the 1988 Federal Constitution because it does not incorporate the social demands of access to land, contributing to conflict management, traits that hinder open, pluralistic and democratic society.Item A conflituosidade no campo e as alternativas de acesso a justiça nos assentamentos de reforma agrária(Universidade Federal de Goiás, 2016-08-12) Afonso, Adriano Henrique de Oliveira; Santos, Bartira Miranda Macedo; http://lattes.cnpq.br/5889103843439878; Santos, Bartira Miranda Macedo; Paula, Gil César Costa de; Rosa, Alexandre Morais daThis dissertation aims to analyze the conflictual in agrarian reform settlements on home territory and demonstrate the viability of alternative forms of access to justice , delimiting social and legal measures to this desideratum. In our country the agrarian reform is essentially an outstanding issue of final settlement, delayed for centuries, conducted in the last decades with more social approach, but still deficient in its implementation. Despite having your trigger the pressure of social movements, the national agrarian reform program is conducted by the Government, in a context essentially charged of tension and violence, in which the Brazilian government, based in the capitalist mold, aiming to serve the interests the established powers and the agrarian oligarchies is shown unable to respond to agrarian conflicts with a focus on social justice. In this sense, at first, we trace the history of the Brazilian agrarian training, legislative developments and situation in the current context. In sequence, will be analyzed the conflictual field and violence resulting therefrom, both real and symbolic and the inability of the criminal justice system and Brazilian prison responding to the occurrence of the offense on the field. Finally, it will be analyzed as has materialized the action - or inaction - of the public authorities in the field, to facilitate access to justice to the settlers peasants, analyzing the role of the main state institutions involved and the most effective alternatives to implement alternatives solutions to reduction of agrarian conflicts.Item Dimensão axiológica da posse agrária em face do direito de propriedade da terra: a atuação do judiciário frente ao princípio da função social(Universidade Federal de Goiás, 2010-09-09) ALMEIDA, Francisco Provázio Lara de; LIMA, Ricardo Barbosa de; http://lattes.cnpq.br/3943209743451118The liberal model of economy and the Objective Theory of the Possession, developed by Jhering, minify the possession, when it s compared to the property. For a long time, the possession was thought as a fast and effective way of property protection. However especially after the Federal Constitution of 1988, the axiological axis of the legal apparatus changed its focus from the property to the person. That caused a significant change in the conception of possession, mainly if it s the agrarian possession, because of its vocation to fulfill the social function. The law and the Judicial acting, however, have not find the appropriate way to work with this new paradigm. That s why it s proposed to review the law and the Judicial acting, to allow the effective protection to the fundamental rights in the Federal Constitution, especially the social function.Item Empresa agrária: tratamento jurídico diferenciado à luz do artigo 170, IX e artigo 179 da Constituição Federal Brasileira(Universidade Federal de Goiás, 2012-08-16) Amorim, Eliette Rodrigues de; Tárrega, Maria Cristina Vidotti Blanco; http://lattes.cnpq.br/3710736362842934; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Tárrega, Maria Cristina Vidotte Blanco; Franco, Geisa CunhaThe present dissertation has for objective to analyze the agrarian company in the Brazilian Agrarian Right and especially in the Commercial Right, explaining yours beginnings, juridical foundations and peculiar characteristics of the managerial agrarian activity in relation to the other species of Brazilian companies. The objective is to demonstrate that the differentiated juridical treatment granted in general to the small companies, just as having indicated in the article 179, combined with the article 170, IX, of the Constitution, is specifically necessary to the agrarian company, turning its economic function more effective and significant in the accomplishment of the social justice.Item As comunidades quilombolas e o direito ao etnodesenvolvimento: uma análise sobre a implementação do projeto Baunilha do cerrado na comunidade Kalunga-GO(Universidade Federal de Goiás, 2020-02-14) Amorim, Liliane Pereira de; Tárregga, Maria Cristina Vidotte Blanco; http://buscatextual.cnpq.br/buscatextual/visualizacv.do?id=K4792730P2; Chehab, Isabelle Maria Campos Vasconcelos; http://buscatextual.cnpq.br/buscatextual/visualizacv.do?id=K4237718D7; Chehab, Isabelle Maria Campos Vasconcelos; Arruda, André Felipe Soares de; Sousa, Maria Sueli Rodrigues deQuilombola peoples are black people who came from Africa to be enslaved in Brazil. Through their courageous and strategic tackling resistance, they were able to survive all sorts of human rights violations for more than three centuries of enslavement, and currently guide their struggle in / for the full recognition of rights. In its turn, ethnodevelopment argues that traditional peoples and communities are capable of self-management, considering their aspirations and cultures, and thus emerges as an alternative route to traditional economic development, the basis of which was, above all, the exploitation of black lives. This research aims to analyze the rights of quilombola peoples and communities, under the concept of Ethnodevelopment, from the implementation of the Cerrado Vanilla project, carried out in the Kalunga quilombola community, located in Cavalcante-GO. In this context, it intends to answer the following question: how - and if - does the Vanilla of the Cerrado Project relate to ethnodevelopment practices? The research has as main theoretical references Jacob Gorender and Batalla. To this end, the work was divided into three chapters. The first presents a historical contextualization of blacks and quilombolas, from the African diaspora to their formal recognition, spanning the Brazilian economic cycles, the constitution of quilombos as resistance, the long trajectory for abolition, the social recognition of black people and, finally, the Kalunga resistance, which is part of the debate on the struggle and resistance of slavery in Brazil. In the second chapter, the right to ethno-development and its challenges for the realization of Fair Trade is discussed, without forgetting to address the discussions about development and ethno-development in Brazil and territoriality as a precondition for the reach of ethno-development. Then, comments are made about national and international regulations that deal with ethnodevelopment and the construction of Fair Trade - as a potential alternative for quilombola peoples. In the third chapter, the intention is to demonstrate, through the analysis of a specific case, the application of the discussions in the previous chapters, notably from the project Baunilha do Cerrado, implemented in the Kalunga quilombola community, emphasizing its limits and possibilities. For the construction of this research, a qualitative approach was used, using interdisciplinary and documentary bibliographic sources, especially with regard to the norms applicable to the theme, as well as the project Baunilha do Cerrado, seeking to identify the context, complexity and the correlation of subjects, to answer the emancipation possibilities defined in the problem and to verify if quilombola peoples and communities are, in fact, achieving the right to ethnodevelopment. Ultimately, it was possible to understand that the entire process of enslavement of black people led to serious socioeconomic consequences for Brazil, which still exist, in some way, up to the present day, and that most projects supposedly linked to ethnodevelopment, such as In the case of Cerrado Vanilla, they are nothing more than the reproduction of a new form of domination, founded on the same traditional logic of development, which insists on excluding the participation of the subjects involved.Item Da captação de imagens como prova no processo penal(Universidade Federal de Goiás, 2004-03-02) Anyfantis, Spiridon Nicofotis; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Santos, Nivaldo dos; Castilho, Ela Wiecko Wolkmer de; Barbosa, Licínio LealIt concerns an essay about the evidences in the penal procedure and its way of production by means of image captation and recordings, whether by hidden cameras or safety ones. It´s composed of five chapters which analyses, respectively, the penal evidence in its particularities and afterwards, the theme of the illegal evidences making, inclusively, a counterpoint between proof illicitness and the proportionateness principle. It still studies the theme of exceptions to the theory of illegal proofs – named by argentinean and spanish exception of the exclusionary rule. They´re studied, briefly, intimacy aspects and individual private life, with subtle distinctions and similarities. Soon after it goes to an analyses regarding the original image recordings evidence – by ostensive cameras and hidden ones – and its use in the penal procedure, specially when used in work places, investigative journalism, private and public places among other circumstances. Finally, such images validity hypothesis are evaluated in the penal procedure and suggestions are presented in order to them, in case of being produced, and in very specific cases, can be effectively used in the process without violation to the intimacy and private life of the individual.Item A certificação social na agroindústria canavieira à luz da teoria crítica do direito(Universidade Federal de Goiás, 2013-11-25) Arantes, Ana Paula Lazarino Oliveira; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Belaidi, Rabah; Santos Neto, Arnaldo Bastos; Reis, Daniela MuradasThis dissertation seeks to understand the social context of certification sugarcane industry, from the theoretical criticism of law, defending the need to treat the rules of conduct and legal rules, although devoid of state sanction, since the protection of working conditions brought about by these standards lead to ensure the dignity of workers as human beings. The social certification is a tool by which companies can attest that they are socially responsible. In this context, it is urgent question: standardization of conduct of business rules embedded in a social label has the force of a rule? The objective of the research is to understand the true scope of the term "corporate social responsibility", and the specific objectives are: to analyze the Critical Theory of Law originated in the Frankfurt School; consider corporate social responsibility as corporate social function, check the instruments social responsibility, especially the social certification; analyze whether the sugarcane industry has proven to be socially responsible, and to what extent this has occurred. The research of nature documentary and bibliographic unsystematic exploratory, we used the deductive method to investigate the object of study, whose data were primary and secondary cover for what has been published so far on the subject, in articles, doctrine, electronic documents, legislation, jurisprudence, among others, being also say that the object of study is part of a multidisciplinary field involving disciplines of Law and Business Administration. Data collection was done by means of record keeping, defining concepts, content analysis of documents, laws, crossover study data and data collected by other researchers. It was concluded that certification is a social discourse illusory used simply as a marketing tool to entice the consumer market, as companies the sugar cane industry that have the social seal have high labor liabilities in labor courts, which indicates disrespect for and infra-constitutional legislation. Nevertheless, it is believed that social certification could be effective if given by the State and by merit.Item Políticas agrícolas de certificação e sistema agropecuário de produção integrada (SAPI)(Universidade Federal de Goiás, 2010-09-25) ARAUJO, Ionnara Vieira de; TÁRREGA, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934The model of mechanized agricultural development, highly dependent on fertilizers and pesticides, does not answer the current demands of the international market especially for quality and food safety. Considering this, the Brazilian government has created agricultural programs of certification, one of them, the Integrated Agricultural Production System (SAPI) is the object of this paper. This system has its focus on new sanitary rules, technological, environmental and social impacts of a consumer market conscious and concerned about the health and environment. The certification mark gives this legal system contribution to the agricultural policies of certification and labeling programs by trying to ensure healthy food, free from hormones and pesticides, through a rigid system of traceability and monitoring process. The comparative method of historical analysis was used in the research. As theoretic reference, this research was based on the ideas of the Brazilian jurist Eros Roberto Grau, who studies law in motion, constantly changing, as it does in reality, a perspective in which the law, as a public policy instrument, is used to amend the social contradictions. In addition to this author, as a theoretic reference, the theories of sociologist Boaventura de Sousa Santos will be used, specially the ones developed in the book Producing to Live: the ways of non-capitalis production.Item Agroecologia sob a visão do direito: estudo do manejo da rochagem como demonstração de que a agroecologia é instrumento de direito à alimentação e de preservação da vida(Universidade Federal de Goiás, 2015-03-18) Assis, Luana Bispo de; Rocha, Eduardo Gonçalves; http://lattes.cnpq.br/4663157234421208; Rocha , Eduardo Gonçalves; Monego , Estelamaris Tronco; Pinheiro , Douglas AntônioThis study aims to reflect on the theme of agroecology from the perspective of law, its relation with nature and with the paradigm of modernity with the expectation that its principles and practices can be understood as a viable solution to the situation of food (in)security in Brazil. Such an approach is important because Law is a principles based commitment to the future, keeping good faith toward past. This commitment has been developed historically, and signed by society, to strengthen the building of a food system that protects life and collaborates to the implementation of healthier future production systems. This commitment is essential and should result in right to food fundaments. These concepts challenge the the Brazilian development model, based on natural resources concentration, labor exploitation, cultural domination, monoculture export, nature depletion and large land areas. The problem treated here is basically the analysis of man as part of nature in a way that, from this perspective, agroecology can be seen as an instrument of right. At this point agroecology under the right look can be understood as rupture of the dominant model what allows to emerge the possibility of building a new paradigm, based on local knowledge, healthy food, lower nature degradation and appreciation of the man from the field. This work aims to analyze the food production model, from an interdisciplinary perspective and fom Law theory, using stonemeal technology as a demonstration parameter of agroecology as an instrument of right to food and to life preservation!Item A Atuação do Movimento de Mulheres Camponesas (MMC): uma perspectiva de suas estratégias e especificidades(Universidade Federal de Goiás, 2018-04-16) Ataídes, Maria Clara Capel de; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Maia, Cláudio Lopes; Ribeiro, Dinalva Donizete; Dias, Luciana de OliveiraThis dissertation focuses on the role of the Movimento de Mulheres Camponesas (MMC), or Peasant Women’s Movement, and its implications in contemporary agrarian society. Firstly, the MMC’s practices and aims were analysed from the standpoint of the group’s historical formation, members, and demands. An assessment was made of the way the group first came into contact with the agrarian issue that was being debated during the 1960s and 1970s, a period which served as the background for its strategy development. The MMC’s characteristic feminism, the specificities of its members, and its demands for agroecology, creole seeds, and food sovereignty were also addressed, to show how the organization’s actions were construed. Secondly, the moral economy of protests, recognition theory, and public activism are used to demonstrate its strategic struggle. Lastly, this study sheds light on the group’s specific role in Goiás state, Brazil, analysing the identities of peasant women and the popular peasant feminism they posit.Item Diversidade biológica e dos saberes: lei da biodiversidade e o protocolo de Nagoya(Universidade Federal de Goiás, 2017-03-30) Barba, Romina Ysabel Bazán; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Santos, Nivaldo dos; Santos, Pedro Sérgio dos; Araújo, Luciane Martins deCon el surgimiento de la crisis ecológica global y la idea de la sociedad de riesgo, se crean tratados y convenios internacionales en busca de la protección de la diversidad biológica recayendo directamente en el Derecho Agrario debido a las cuestiones de la falta de alimentos, territorios devastados y derechos y conocimientos tradicionales de los pueblos. Relevante, para ello lo es, la Convención sobre la Diversidad Biológica que busca la utilización sostenible de los recursos genéticos y la distribución justa y equitativa de los beneficios de dicho uso. El Estado, propietario originario de los recursos biogenéticos, busca prevenir la explotación depredadora, y a veces ilegal, de la biodiversidad y de los conocimientos de las comunidades tradicionales. El Protocolo de Nagoya, un instrumento importante que Brasil necesita ratificar, está destinado a complementar y asegurar la mencionada Convención, trayendo una mayor seguridad jurídica y transparencia para los proveedores y usuarios de recursos genéticos a nivel mundial, permitiendo el acceso adecuado y la transferencia de tecnologías. Otro punto a tratar es la Ley de Biodiversidad que ha recibido críticas por la restricción de algunos derechos de los pueblos tradicionales, dando espacio para la incursión de empresas e investigadores de los conocimientos tradicionales y de los recursos genéticos. Por lo tanto, esta disertación aborda el problema de cómo entender el verdadero desarrollo sostenible, teniendo en vista la Ley de Biodiversidad y la no ratificación del Protocolo de Nagoya. Así, la metodología de investigación será su análisis desde la perspectiva interdisciplinar y en los aspectos jurídico-sociológicos. Para ello, se utilizará la investigación teoría, así como el razonamiento deductivo y dialéctico. El marco teórico constará de: José Eli da Veiga, Ignacy Sachs y Amartya Sen, para el estudio del fenómeno de desarrollo; Vandana Shiva, para el análisis de la diversidad de conocimientos; y, por último, se tiene como referencia los datos primarios tales como el Convenio sobre la Diversidad Biológica, el Protocolo de Nagoya y la Ley de Biodiversidad. Como resultado, se produjo la ruptura del paradigma de que el desarrollo no puede ser sostenible y se evidenciaron sus elementos reales como la expresión de libertad, el proyecto social subyacente, la protección de la biodiversidad, así como sus aspectos territoriales, económicos y políticos. En lo que se refiere a la legislación vigente, se afirma la necesidad de la ratificación del Protocolo de Nagoya como un mejor apoyo de la Ley de Biodiversidad, teniendo como finalidad la protección de la mega diversidad brasilera tanto biológica como de sus saberes tradicionales.Item Cultura, território e ambiente: uma análise jurídica da sobreposição de territórios quilombolas por unidades de conservação no Jalapão(Universidade Federal de Goiás, 2019-02-26) Batista, Leonardo Matheus Barnabé; Dantas, Fernando Antônio de Carvalho; http://lattes.cnpq.br/4265365823959236; Dantas, Fernando Antônio de Carvalho; Cruz, André Viana da; Santos, Alexandre Aguiar dos; Rocha, Eduardo GonçalvesThis Masters dissertation studies the existing land legal conflict about the overlapping of Conservation Units (UCs) in territories traditionally occupied by Quilombolas Communities. The overlap occurs, when, in the process of creation and institution of UCs, the territorial rights of communities that reside there are not fulfilled. The case in question will be confined to the conflicts between the quilombolas communities located in the Jalapão Region and the four conservation units that currently overlap their territory. The reading of the land conflicts under discussion will take place in three moments: (a) social cartography of quilombolas communities superimposed in the region, with an exposition of the reports, the vision on the overlapping situation and the cartographic maps elaborated with the communities; (b) analysis of the legal regulations of the specially protected areas created in the Jalapão Region, the environmental currents that underlie the modalities of UCs typified in Law n.o 9.985/2.000, and on the emergence of socio- environmentalism and its presence as an alternative to the classic models of environmental protection; (c) through the debate on quilombolas territorial rights in front of the overlapping of Conservation Units, facing the challenge of re-reading the mythical dualism between nature and culture through the legal analysis of quilombola territorial law in relation to environmental protection policies present in the creation of UCs. The methodology employed seeks to reconcile the proposal of the New Social Cartography Project and the data collected from the quilombolas communities in the Region of Jalapão, to focus and socio-environmental legal reading. There is a need for a new reading of environmental law that is eminently preservationist or conservationist, with the inexcusable inclusion of culture in its reading, following the concept of socio- environmental law.Item Banco de sementes como materialização do princípio da precaução frente ao processo de mercantilização da semente(Universidade Federal de Goiás, 2018-04-03) Bianchi, Giovanna Silva; Tárrega, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Tárrega, Maria Cristina Vidotte Blanco; Frota, Pablo Malheiros da Cunha; Barbosa, Ycarim MelgaçoThis study analyzes the process of commodification of the seed, which goes from a regenerative resource, surrounded by traditional knowledge and part of sustainable ecosystems, to the central commodity of agribusiness. This process involves the technological models of agriculture, the process of neoliberal globalization, reductionist science, and legal systems that legitimize only this kind of knowledge as valid. The core of this dissertation is analyzing whether the process of commodification of the seed generates risks to socioenvironmental and agrifood rights and, if so, whether it is possible to minimize them. In this sense, a hypothesis is verified that an agricultural modernization, using the commodified seed, is inserted in the world society and, therefore, produces risks for the biodiversity, the balanced environment, the adequate food, the food security and life of family farmers. Furthermore, the application of the precautionary principle, materialized in the implementation, as legal and development of databases, as a way of minimizing such risks is concluded. The present dissertation has as a theoretical framework the thought of Ulrich Beck, which discusses that the late modernization in which we live, in this work specifically focused on the agricultural field and the seed is situated in a world risk society whose risks represent the anticipations of potential catastrophes that lead to precautionary and preventive actions. The methodology employed is logical-deductive, keeping within itself the necessary cohesion and coherence with the fulcrum to the final objective: reflective answers and inquiries to deepen the study, thus seeking the contribution not only for the legal-academic community, but also a study that overflows to the existing agricultural practice in the country, because it still does not have a lot of specific doctrine on the subject.Item A assistência educacional nas prisões: a gestão por organizações sociais e parcerias público-privadas na esteira da reforma do Estado(Universidade Federal de Goiás, 2019-08-02) Bittencourt, Liliana; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Coutinho, Ana Luísa Celino; Azevedo Neto, Platon Teixeira de; Santos, Pedro Sérgio dosThe flowing change of Brazilian State’s form brought with it the pressing need to face the concrete outsourcing of traditionally public functions including the administration of prisons. Formal education during imprisonment is one or those administrative functions and one very delicate, complex and poorly understood. The new juridical tools, established by recent laws that aim at privatizing in the new mood, fell under scrutiny in so far as they may or may not be compatible with the task of catering to inmates taken as pupils. Pacts and agreements with non-profits, or contracts to outsource prison maintenance to the private sector may not guarantee the perfect or at least the efficient focus on pedagogy __ or andragogy, for that matter. The issue is multidisciplinary in its nature, and begged considerations in educational philosophy, anthropology, politics, sociology, before a proper study in matters of law could begin. Criminal, procedural, constitutional and administrative laws were called into question in an intermingled approach. The intertwined elements of theory and data gathered through probing questionnaires show that it is not possible, at the moment, to draft a consistent public policy plan on prison educational practices. The lack of relevant sources turns into mere conjectures the relations of cause and effect between education delivered in state-owned penal institutions, or in private administrated prisons, and recidivism rate, employability and, last but not least, personal development. News from Nordic countries are taken at face value from published researches to serve as a touchstone in defining the singularity or generality of the problems found in some Brazilian states. Those countries were chosen in view of their privileged ranking in education assessment.Item A exigibilidade de empreendimentos agrícolas inscreverem os imóveis utilizados mediante arrendamento no Cadastro Ambiental Rural para obtenção de licença ambiental(Universidade Federal de Goiás, 2016-09-29) Borges, Wendel Rosa; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Machado, Vilma de Fátima; Laureano , Delze dos Santos; Falconi, Luiz CarlosRural Environmental Registry – RER (in Portuguese, Cadastro Ambiental Rural – abbreviated “CAR”) is a legal institution established by the Federal Brazilian Act No. 12,651/2012 (usually referred to as "new Forest Code") for recording protected areas of all rural properties in Brazil, as well allow his georeferenced monitoring. However, the survey also addressed the relative uncertainty, due to the wording of the legal provision that establish and regulate the RER, specifically about the possibility of being granted environmental licensing of unregistered real estate, when there is a intent to locate the enterprise subject of license in the property under farm lease; i.e., with no real relation of property nor animus sibi habendi on the land. From this point emerged the discussion, if registration may be mandatory in these cases, since the legal requirement is targeted to owners and rural possessors. Therefore, a consideration about the rules and principles of the Brazilian Constitution and legislation was made to clarify the interpretation of the regulatory provisions of the RER, as its systematic purpose in Brazilian law, especially under the influence of environmental constitutional rights.Item As alterações da política agrária: um debate hermenêutico acerca da reforma agrária(Universidade Federal de Goiás, 2019-02-25) Brasil, Luciangela Ferreira do; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Maia, Cláudio Lopes; Diehl, Diego Augusto; Teixeira, Maísa FrancaThis master thesis, entitled "The changes in agrarian policy - a hermeneutical debate on agrarian reform", has as its central problem the following question: Does the Law 13.465 / 2017, breaks with the model of agrarian reform by implanting in Brazil from the Land Statute and with the precepts that were defined in the Constitution of 1988? Based on the observation that the Provisional Measure No. 759 issued by the federal government on December 23, 2016, has changed considerably the policy of urban and rural land regulation throughout the country. The aim of the work is to analyze how the Land Statute established the agrarian policy; the treatment given to the matter with its constitutionalization in 1988 and regulation through Laws 8.629 / 93 and 76/93; and the paradigmatic changes defined by Provisional Measure No. 759 converted into Law No. 13.465 / 2017. Using the methodology of bibliographical, exploratory and documentary research, it was analyzed the main norms of agrarian policy, defined by the State, through its legitimating role of the legal order.Item Regularização fundiária rural na Amazônia legal: análise de uma política de contrarreforma agrária(Universidade Federal de Goiás, 2019-09-05) Caetano, Camilla Amaral de Paula; Machado, Vilma de Fátima; http://lattes.cnpq.br/6256319627760082; Machado, Vilma de Fátima; Siqueira, José do Carmo Alves; Costa, Alexandre BernardinoThe present dissertation aimed to analyze the current legal construction on the Brazilian land regularization, with emphasis on the Legal Amazon, as well as the norms that strengthen a kind of agrarian counter-regulation policy. The central analysis consisted of examining the role of the institutions in the implementation of the new land settlement policy, as provided for in Law nº 3.465/2017, as the work discusses may stifle the Brazilian agrarian reform. The methodological techniques of bibliographic research and documentary research were used, with analysis of data produced by the Special Secretariat of Family Agriculture, INCRA and also by the Earth Pastoral Commission in their reports. We also turn our attention to the legislation on the subject, beyond the jurisprudence and the study of regularization processes. For this, in the first chapter, it was sought to understand the Brazilian questiono n land, its occupation and the forms of appropriation over time, as well, as the modern conception of territoriality, focusing on the requirements for land regularisation and how the domain title is granted. Focusing mainly on the transformation of the land into merchandise and the identification of the land as a tool of occupation in the Legal Amazon. The second chapter, in turn, shows what were the legislative proposals for land regularization in the Legal Amazon. The analysis of the legislation makes a parallel between the arguments presented by the legislature at the time of the Bill versus the legal devices that make up the new Law nº 13.465/2017, especially with regard to the crucial points of the norm. These points are already objects of direct actions of unconstitutionality. In the third chapter, the analysis, turned to family farming and the Social Programmes for landuse regularisation for small farmers. The idea was to draw attention to the aspects that place the current legislation in the wake of those who, instead of potentiating the process of wesening reform, hinders it. It is these aspects that allow the conclusion that once again the legislation strengthens an agrarian counter-reaction process.Item Controle jurídico, questão agrária brasileira e educação do campo(Universidade Federal de Goiás, 2019-02-14) Calixto, Renato Cavalcante; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira , Adegmar José; Santos , Nivaldo dos; Teixeira , Maísa FrançaThe case study of the first group of Law Graduates for beneficiaries of agrarian reform and family agriculture developed by the Federal University of Goiás (UFG) in partnership with the National Institute of Colonization and Agrarian Reform (INCRA). The research will seek to understand if the creation of a specific class of Law at the Federal University of Goiás (UFG) for rural workers would violate the constitutional principle of equality. The reflections will be developed using the qualitative research and developed from the case study method, having as reference the analysis of the Public Civil Action no. 2008.35.00.013973-0, proposed by the Federal Public Ministry (MPF), which questioned the legality, legitimacy and constitutionality of the creation of a specific class of law for these family farmers and beneficiaries of agrarian reform. Thus, the dissertation is structured in three chapters, being: in the first chapter called "Legal Control", which presents the reflections of the creation of the class in specific Law for family farmers and the legal control of public policy, with reference to In the second chapter, it will be shown how the insertion of "land" as a commodity into the market transformed social, economic, and political relations in Brazil, and what relation with the formulation of public education policies in the field, will be composed by the analysis of the subjects of the field who fight for fundamental rights, among them the fundamental right to education.Item Pequi, fruto da terra e dos saberes dos povos do cerrado: um olhar sobre a proteção dos direitos do conhecimento(Universidade Federal de Goiás, 2014-06-24) Canêdo, Natália Silveira; Dantas, Fernando Antônio de Carvalho; http://lattes.cnpq.br/4265365823959236; Dantas, Fernando Antônio de Carvalho; Tárrega, Maria Cristina Vidotte Blanco; Macêdo Filha, Maurides Batista deIt is the knowledge of much of the world's population that Brazil is a megadiverse country, rich in biological diversity; to have a four of the major biomes of the planet are in our country example : Amazon , Cerrado , Atlantic Forest and Pantanal . However this biodiversity and associated traditional knowledge to this , has been a constant target of intellectual appropriation by the market , mainly from the second half of the twentieth century , with the further development of genetic engineering , which lets you recreate elements of biodiversity elsewhere and consequently the registration of its patent . Faced with this situation , in 1992 was signed by 161 countries , except the United States , the Convention on Biological Diversity - CBD (Regulated in Brazil by Legislative Decree 2/94) , during the United Nations Conference on Environment environment held in Rio de Janeiro , known as ECO -92 . However , under international law the practice of biopiracy ends up being legitimized by the TRIPS (Trade Related Intellectual Property Rights) - Agreement on Intellectual Property Rights Related to the Commerce , which was ratified by Brazil . In this intellectual and treated in a purely commercial sense , as another factor for economic development (again the power of the patent) , thereby causing , major international impasses between developed and developing countries property. Given this brief exposition of the topic , this project aims to understand how is the ownership of the products by the market , in the case of this work, and how this demand pequis the law - in the democratic context of recognition and enforcement of the Human Rights of People - a complex attitude under the protection of these (knowledge) rights to overcoming colonialism that historically characterized the appropriation of “real nature” as null things (res nullius) to an emancipatory understanding of the idea of development of people based on use of environmental goods and their intellectual capacities to construct reality.Item Da ressignificação do instituto do parcelamento do solo rural a partir da constitucionalização prospectiva do direito agrário: uma análise no município de Inhumas-GO de 2007 a 2017(Universidade Federal de Goiás, 2019-02-25) Carmo Júnior, Marcos Antônio do; Maia, Cláudio Lopes; http://buscatextual.cnpq.br/buscatextual/visualizacv.do?id=K4700086A7; Maia, Cláudio Lopes; Ferreira, Adegmar José; Souza Júnior, Edson José deCome true a detailed study of the Institute of Rural Land Parceling of the Municipality of Inhumas, State of Goiás, from 2007 to 2017, with the purpose to extract its particular signifiers, verifying the factico-juridical results, accordance with the meaning and reasoning given to that of causes of responsible institution. Noticing the significance attributed comes from a different context from the current one, proceed its resignification, before the social desires and needs, in a relation of constitutional text and context, in that the Law is in constantly changing at the service of life in each concrete case. The background theoretical of the analysis came from the constitutionalisation prospective of Law (FACHIN, 2012, 2015) and form the hermeneutic critique of Law (STRECK, 2017a, 2017b, 2018), once the Law starts from the problem or legal issue to arrive in an adequate answer constitutionally, observes the provisions at the article 489 of the Code of Civil Procedure (CCP/15) and at the article 93, item IX, of the Constitution of the Republic (CR / 88), keeping it coherent and integrate. The procedure adopted will be the monographic close to the analysis of the legal literature and other areas of knowledge. The statistical data was obtained from the Real Estate Registry of Inhumas and the Brazilian Institute of Geography and Statistics (BIGS). About the approach, the Law will be consider as a complex phenomenon. Thereat, realize the it can be seen that the fragmentation of the rural soil in the period and in the locality described assumed the signifiers of the liberal State and, therefore, individualistic, patrimonial, voluntarist, and ultimately selfish, in that was verified the use of land as speculation (excessive commodification of land), including the increase in the price of the land in the surroundings, the reduction of rural areas and the problem of water supply. So, to this institute must give new meaning to the social transformations, in order to induce the effective participation, by virtue of its attributions, of the INCRA in the parceling of the rural land even though inserted in the zone of urban expansion, thus constructing a Right Agrarian transformer, access and the service of life.