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Item Avaliação de eficiência do Programa Nacional de Habitação Urbana no combate ao déficit habitacional em Goiânia no período compreendido entre 2009 e 2019(Universidade Federal de Goiás, 2022-02-17) Abrão, Frederico Leão; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Costa, Andréa Abrahão; Motta, Fabrício Macedo; Amaral, Cláudia Tannus Gurgel doThe research objective of this dissertation is the evaluation of the efficiency of the National Urban Housing Program (NUHP) in the fight against the housing deficit in Goiânia between 2009 and 2019. Through bibliographic and documentary analysis, the first chapter addresses the evolution of the concept of the right to housing at the international level, the process that led to its constitutionalization in Brazil and the Minha Casa, Minha Vida Program. Are presented the legal contours of this public policy, as subprograms, service groups, funding sources, applied methodology, guidelines and requirements related to the projects to be developed. Then, it enters the Brazilian housing scenario through the concepts and methods officially used to measure the shortage and stock of housing in the country, being demonstrated in tables and graphs, prepared based on data obtained from secondary sources, the characteristics of the housing deficit in Brazil and Goiânia. The second chapter also provides information related to sectorial indicators and the housing production of the NUHP in Goiânia and its metropolitan region, such as the number of housing units delivered, amounts invested and the location of projects aimed at families with a monthly income of up to 03 (three) minimum wage, which represent more than 90% of the total local housing deficit. It also deals with the adherence between the housing offer promoted by the Program and the lack of housing in the municipality, analyzed based on an indicator proposed by the research. In the third chapter, the evaluation of the NUHP 's efficiency is carried out, having as reference the concept of administrative efficiency adopted by ÁVILA (2019). The relationship between the components of the housing deficit and the delivery of housing by the Program in Goiânia is analyzed, as well as the presence of qualitative attributes in the built properties and, in the end, the regulatory problems identified. Based on the data collected, the work concludes that the NUHP was not efficient in combating the housing deficit in the municipality of Goiânia in the researched period and pointing as causes for the result obtained, regulatory problems that implied the majority allocation of resources to families that did not fit the components of the housing deficit.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 Os conflitos agrários, o estatuto do desarmamento e a perspectiva de redução da violência no campo(Universidade Federal de Goiás, 2005) Amaral, Átila Naves; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Maniglia, Elisabete; http://lattes.cnpq.br/3994325904492685; Tárrega, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Tárrega, Maria Cristina Vidotte Blanco; Santos, Pedro Sérgio dos; Maniglia, ElisabeteLand conflicts are objects of daily headlines in the press countrywide. Workers, Clergymen, lawyers, politicians, in short, all professions and individuais involved in the land reform drama add to the statistics of dead, wounded and threatened pecple over the last few years. Land Pastoral Committee (CPT - Comissão Pastoral da Terra), a non-govemmental organization related to the Catholic Church, has denounced such excesses over the past 20 years at least. ln the core of this paper is the questioning of the country's land policies, its development and its present standpoint. Moreover, the reflection on the resisting desire among the social movements for land reform and land owners. Finally, reflect upon the evaluation of the natura of the conflicts in the land and the recently passed Law 10.826/03, the socalled Desarming Statute. Learning if the referred law has regarded the concems with such conflicts constitutes the problematization of this end-of-course paper. Of being, considered that the method will be strictly dialetical and it will be necessary to verify that the result end of the subject is translated in the verification that the legislator didn't take into account the importance of tlle prevention of the conflicts in the field, in the exact moment of the elaboration of the Statute of the Disarmament.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 O PROUNI como política pública: constitucionalismo, renúncia tributária e transparência da ação administrativa(Universidade Federal de Goiás, 2020-12-10) Anjos, Silvestre Gomes dos; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Freitas, Leonardo Buissa; http://lattes.cnpq.br/3766748281418212; Freitas, Leonardo Buissa; Coelho, Saulo de Oliveira Pinto; Silva, Robert Bonifácio da; Rodrigues, Horácio WanderleiThis text is the result of research carried out in the studies of the professional Master's degree offered by the Postgraduate Program in Law and Public Policies at the Federal University of Goiás and includes legal, administrative and economic aspects linked to the University for All Program. The study aimed to suggest the possibility of maximizing the efficiency of resource allocation, providing subsidies for the improvement of this public policy and for a more present future control of public administration. The work, with the concern of verifying the possibility of expanding the offer of places in higher education, found the issue of the incipient control in fact exercised by the Union over this specific waiver of tax revenues. The findings, through information requirements to the agencies, reveal the little concern of the Ministry of Education and the Special Secretariat of the Federal Revenue of Brazil, uncoordinated among themselves, with the adequate control of the total and per capita costs of this Program for society.Item Avaliação da gestão por organizações sociais como instrumento da política pública de educação profissional: diagnóstico crítico da experiência do estado de Goiás na perspectiva do constitucionalismo democrático(Universidade Federal de Goiás, 2020-12-16) Barros, Renata Campos Bernardes; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Carvalho, Luciani Coimbra de; Tavares Neto, José QuerinoThis article is part of the collaborative insertion of organized civil society in the management of public services, a phenomenon that started in Brazil with the State Reform. We focus on the experience of the State of Goiás in the management of professional education, in the face of the problem of the lack of a practice of monitoring and evaluating the results of this public choice and its effects on public policy on professional education. With the objective of constructing theoretical and methodological subsidies for structuring a diagnosis of this phenomenon, a research promoted a study on the process of managerial administrative management, focusing on the Brazilian experience of education management and emphasizing an analysis of the possibility conditions for the constitutional adequacy of this management choice, in view of public policy objectives. There was also a mapping of the experience of the Rede ITEGO, a structure of the Goiás government focused on offering professional education, in order to characterize its modus operandi and the insertion of social associations in this context, with an emphasis on the analysis of failures in terms of preparation, regulation and planning of contract monitoring and evaluation routines. At the end, it presents a first diagnosis of the performance of these associations, focusing on a legal analysis of public policy.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 Instituições Federais de Ensino Superior como instrumento de política pública de inclusão social sob o viés constitucional: o caso da Universidade Federal de Goiás(Universidade Federal de Goiás, 2020-12-14) Cruvinel, Pedro Henrique Moreira; Tavares Neto, José Querino; http://lattes.cnpq.br/2420742587515754; Tavares Neto, José Querino; Castro, Matheus Felipe de; Carvalho, Silzia AlvesHigher education in Brazil at the time of the Colony was aimed at elites. Unlike Spanish America, Brazil had no University as a Colony of Portugal. Thus, an elite from the colonial era formed in Coimbra together with a metropolitan elite, sharing the same habitus, which reinforced the Portuguese Empire unity. French sociologist Pierre Bourdieu explains how habitus influences an interaction of the individual-duo in the social field, in addition to revealing the means of domination existing in each social field, a domination that uses symbolic violence. In this sense, the Brazilian University, especially as Federal Institutions of Higher Education, is evaluated as spaces in which the subjects establish different interactions, each with their own interests. Thus, because they have autonomy, as IFES they ended up developing inclusive public policies, with a modifier to change their elitist profile. This time, the Federal University of Goiás (UFG) will serve as a paradigm to assess whether such policies were able to change their habitus.Item Efetividade regulatória para a universalização dos serviços de abastecimento de água e esgotamento sanitário na região metropolitana de Goiânia(Universidade Federal de Goiás, 2020-01-18) Cunha, Danilo Guimarães; Tavares Neto, José Querino; http://lattes.cnpq.br/2420742587515754; Tavares Neto, José Querino; Costa, Andrea Abrahão; Pinto, Felipe Chiarello de SouzaUniversalization is the guiding principle of sanitation, and the presence of a regulatory body is a normative imposition. This public service is characterized by the vulnerability of the consumer-user, given the characteristic monopoly of this essential service. The challenge is even greater for expansion in metropolitan regions with neighboring Municipalities. The institutional arrangement of metropolitan regions was brought to state competence without homogeneity at the national level, bringing challenges to inter-federative governance. Although the holder of the local service is the Municipality, the Supreme Federal Court laid the foundations at the regional level, allowing for compulsoriness. In this scenario, we seek to understand whether the regulation has been effective for the universalization of sanitation in the Metropolitan Region of Goiânia. The research had an exploratory character of national and regional legislative production, adding jurisprudence and literature on the subject, using the technique of bibliographic research. In order to carry out the formative evaluation, an empirical research was carried out with data from the National Sanitation Information System. There is a lack of homogeneity in the provision of services in this region, with municipalities showing good rates and other bad rates, and in comparison with the last 10 years of the data available in order to carry out the prospective analysis, we found that the progressive expansion should be enhanced. We seek to point out that the regulatory entity must be unique, because when understanding the normative structure and the competences, it is observed that the non-integration of the system, with a single regulatory entity, would be harmful to the population directly interested. The State and Metropolitan Plans have not yet been formalized, which to some extent undermines regulatory action, which has not yet been defined by the metropolitan entity, although there is a state regulatory agency and a municipal regulatory agency in the capital.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 A ineficiência da execução fiscal no estado de Goiás como situação-problema na abordagem direito e politicas públicas(Universidade Federal de Goiás, 2020-12-27) Diniz, Raimundo Nonato Pereira; Motta, Fabrício Macedo; http://lattes.cnpq.br/144607822930138; Motta, Fabrício Macedo; Bucci, Maria Paula Dallari; Bonifácio, RobertThis study examines tax enforcement inefficiency phenomenon in the State of Goiás, with the aim of understanding currently adopted procedural and administrative practices and legal arrangements which regulate them and also of contributing to the formulation of good practices and adjustments in these arrangements, which may allow efficiency gains in terms of increased revenue and procedural speed. For the organization of this study, the theoretical reference is based on Law and Public Policy Approach and the adopted methodologies were bibliographic research and descriptive statistics. In the end, it was concluded that tax enforcement inefficiency in the State of Goiás is associated with tax enforcement actions nonselective filing, which leads to judicial collection of credits without indicative characteristics of their recovery viability. To impact this scenario, it was proposed to issue a normative act that exempts tax enforcement actions filing in relation to non-viable credits and authorizes the consensual resolution of cases as alternative measures to recover credits from the state's active debt, as well as to adopt strategic management practices at scale, based on previous classification of credits.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.