Mestrado em Direito Agrário (FD)
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Navegando Mestrado em Direito Agrário (FD) por Por Orientador "Ferreira, Adegmar José"
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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 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 A expropriação do imóvel rural pela existência de trabalho escravo: Emenda Constitucional n. 81/2014(Universidade Federal de Goiás, 2015-03-11) Carneiro , Hamilton Gomes; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304The object of the research is the analysis of the problem of slave labor in rural areas in the present day and, as a result, the possibility of expropriation of these areas. This paper discusses the historical context, concepts and existing instruments to eradicate slave labor in Brazil. Debate about the recent approval of the EC n. 81/2014, which expressly provides for the expropriation of rural property that has been determined the existence of slave labor as well as on the procedures adopted before and after the said Constitutional Amendment. To support the conclusions presented, uses the dialectic method of research and as methodology, documentary research and literature. Among the conclusions presented, it points out that the Constitutional Amendment n. 81/2014, as well as modify the legal consequence of finding work on farms, it has full effect, because of what it lacks regulations for immediate application.Item Os pensamentos jurídicos dos juízes de 1º grau do Estado de Goiás nas questões possessórias agrárias numa avaliação jurimétrica (2010 a 2020)(Universidade Federal de Goiás, 2021-02-24) Lemos Júnior, Marco Antônio de Oliveira; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Siqueira, José Do Carmo Alves; Aguiar, Simone CoêlhoThis dissertation aims to investigate and build a statistical overview of the applicability of the legal dogmatics of possession in the context of agrarian conflicts over land disputes. The investigation will be based on judicial decisions, in possessory actions in rural areas, rendered by 1st degree judges of jurisdiction of the Judiciary Branch of Goiás, between 2010 and 2020. The study aims to reveal, through statistical objectivity, the degree of alignment of Goiás magistrates to the civilist or agrarian dogmatics of possession. Such strands of legal thought are conceptual and dogmatic developments of the possessory phenomenon, having different constitutive elements. Civil possession is based on the existential element 'corpus', considering as possessor anyone who actually has the exer-cise, full or not, of any of the powers inherent to property. In contrast, agrarian possession is characterized by the work of the land carried out by the owner himself, for the production of a typically agrarian activity, with effective culture and habitual housing for him and his family. While civil possession is subordinate to the legal concept of property, agrarian pos-session is autonomous to it, as it is evidenced by the functionalization of the land by the direct owner and not always by the property title. The act of working the land ends up radi-ating benefits to society and dignity to the owner. It is a matter of implementing the principles of the social function of the land and the dignity of the human person. Thus, in the face of an agrarian possessory action, how did the 1st degree judges of Goiás jurisdiction manifest in their decisions their alignment with the legal dogmatics of possession? Was there any predominance in the applicability of a civilist or jusagrarist dogmatic linked to possession? Before answering these problematizations, this research will carry out a historical, legal and doctrinal explanation about the possessory phenomenon. Therefore, the classical and so-ciological theories of ownership will be addressed. Especially regarding this last theory of possession, it will be discussed about the notion of the social function of possession as a precursor of the principle of human dignity and characterizing agrarian possession. Subse-quently, the delimiting concepts of the scientific research method, specific to the area of Law, called Jurimetry, which will be used in this dissertation, will be worked on. Afterwards, the processes of obtaining and formalizing the data will be detailed, which will be statistically calculated by the jurimetric method, based on the court decisions. The results found will be disserted with the aid of graphics, through descriptive statistics. It will still be possible to measure, through calculations of Bayesian inferential statistics, the predominance, be-tween the civilist or jusagrarian dogmatics of possession, of applicability of the possessory legal positions of the judges of the 1st degree of jurisdiction of the Judiciary Branch of the State of Goiás.Item O Cadastro Ambiental Rural (CAR) como instrumento de regularização fundiária no Matopiba, Amazônia legal e Estado de Goiás(Universidade Federal de Goiás, 2022-10-21) Mendes Júnior, Cezar Augusto; Treccani, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Rossito, Flávia Donini; Botelho, Tiago ResendeThis dissertation addresses vacant lands, land grabbing and the true effectiveness of the Brazilian Rural Environmental Registry (CAR) through sampling analysis in the Legal Amazon, in the Cerrado portions of the states of Maranhão, Tocantins, Piauí and Bahia (MATOPIBA), and in the state of Goiás. Despite being an important tool for evaluating environmental regularization and management, the CAR has been used in an attempt to land grabbing. Some judges have recognized possessory rights based on CAR information to the detriment of rights stemming from land reform policies. That is why we speak of the “CAR binge” because that which should be an agri-environmental regulation tool may instead be causing land grabbing, land overlaps and conflicts. Constant legislative alterations and structural changes end up delaying monitoring, demarcation, registration, georeferencing and titling actions on the part of the state governments. It is in face of legal uncertainty regarding land control that the improper appropriation of public lands – land grabbing – is strengthened. From this comes the question: has the CAR achieved its goal of effectively integrating environmental information on rural properties? Is the information posted to the system reliable? What impacts can the CAR’s (in)effectiveness generate in the violation or non-violation of rights? Land grabbing of vacant lands and land tenure regularization are issues related to Agrarian Law, encompassing emerging conflicts and the legal system for land access and use. However, land tenure regularization has not yet proved to be effective due to the flaws identified in the delimitation of vacant lands. The general objective of this research is to understand the Land Tenure Regularization process and its (in)effectiveness in using the CAR as an agri-environmental control tool. These are the specific objectives of the research: a) To carry out a historical review on the formation of the Brazilian agrarian space through the delimitation of vacant lands; b) To present a current picture of rural environmental registries through sampling in the Legal Amazon, MATOPIBA and the state of Goiás, identifying occasional flaws that favor land grabbing by third parties; and c) To analyze the satellite images of regions where more serious irregularities have been identified, in light of the information from the previous objectives, looking for overlapping land or irregular subdivisions and then analyzing the latest land titles of these properties, seeking to identify the compatibility of CAR’s information with satellite imagery and the information recorded at the Land Registry Office.Item “Feito de guerra”, o instituto da execução sumária: uma faceta violenta do direito no massacre em Pau D’Arco(Universidade Federal de Goiás, 2021-09-28) Paula, Sara Macêdo de; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Martins, Carla Benitez; http://lattes.cnpq.br/9762969690735905; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Maia, Cláudio Lopes; Martins, Carla BenitezThis master's thesis has as perspective the understanding of what constitutes a massacre in the countryside, in relation to the hegemony that constitutes the land and the laws. Empirical material from the events in Pau D'Arco, its constitution and barbarism is used. The war category was understood as the daily life of landless rural workers, acting and maintaining what structures private property. The Pastoral Land Commission, and other social movements, rank the Pau D'Arco massacre as the second largest massacre in the context of the recent formal-democratic pact of 1988 in Brazil. 10 campers died in 2017, and others were seriously injured by bullets. If the dynamics of war constitute a massacre, conflict is a crucial element of study. This issue emerged in several theoretical variables such as borders, accumulation by dispossession, antagonism, summary execution, critical criminology, legal subjectivity and catastrophe. It is an objective related to the production of knowledge about power relations. Also incorporating first-person writing, anti-colonial concepts and charm. Pau D’arco allowed me to experience empiricism together with the historical-dialectical materialist method and recognize reaching a universal answer. In this sense, the ADC (Critical Discourse Analysis) will be used to break the boundaries of elective disciplinarity, given the impossibility of an individual interpretation, to expose description, interpretation and explanation. On the contrary, no data takes me on a linear path. These writing assistants allowed us to realize that the peculiarity of the land, context of the emergence of the incessant accumulation of goods, together with the criminal-juridical subjectivity, provide a parallel of death for those condemned to have no land.Item Mediação e conciliação nos conflitos agrários: o caso da Fazenda Monjolo, Goiás e o poder simbólico(Universidade Federal de Goiás, 2021-10-26) Pereira, Andréa Figueredo; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Siqueira, José do Carmo Alves; Strozake, Juvelino JoséIt is intended to analyze the performance of the Goianian Judiciary, especially by studying the case of Fazenda Monjolo, and the difficulties encountered in resolving agrarian conflicts through the use of the mediation and conciliation techniques provided for by the CPC. To what extent can the application of civil procedural rules, with principles such as impartiality and autonomy of will, influence the achievement of consensual solutions in agrarian conflicts and what is the participation of the Judiciary in this context? The method of case study and bibliographic review will be used and the objective is to know, from the performance of the Judiciary of Goiás, the cause of the little success in obtaining consensual solutions in agrarian conflicts. The theoretical framework of the “Symbolic Power” brought by Bourdieu will be used. From this theory, we will try to understand the role of the judiciary in the resolution of agrarian conflicts as a possible way of perpetuating the power relations existing in society as well as the form of the legal discourse used in the principles that govern mediation and conciliation. The partial results demonstrate that the mediation and conciliation institutes through the principles of impartiality and the autonomy of wills equally treat the parties without considering the specificity of agrarian conflicts in which there is material inequality of those involved, which makes it difficult to obtain consensual solutions in reason of the imposition of power by the strongest party.Item A violência simbólica no contexto da modernização da agricultura: reflexos no direito à alimentação(Universidade Federal de Goiás, 2019-02-14) Pereira, Douglas Otoni; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Santos, Nivaldo dos; Teixeira, Maisa FrancaThe theme of this dissertation is symbolic violence in the context of the modernization of agriculture: reflexes in the direct to food. The new patterns of food consumption reached their most destructive force after the process of agricultural modernization, which proved unable to promote the just distribution of food and turned food into a mechanism of symbolic domination and violence. This study aims to demonstrate how the strategies of domination relations are able to form and condition the subjects of law within a symbolic universe, where the promise of social justice and material progress cover the protection of the values of the dominant groups related to agribusiness. It also deals with legal experience within the historical processes in which it is inserted, demonstrating the role of law in the light of disputes over economic hegemony and the struggle for power in the process of modernization of agriculture. Using the methodology of bibliographical, exploratory and documentary research, the first chapter sought to define symbolic violence and to evaluate how agribusiness used a set of ideologies to transform the vision of the world and achieve its projects. Next, it was verified how the use of symbolic systems and resources of rhetoric allowed to the different instances of the State to extend forms of development much more extensive than those allowed by the fundamental rules of a constitutional order. Finally, it was tried to understand how the development of the agribusiness removed the participation of the Judiciary Power in the realization of the human right to adequate food.Item Crimes agrários e da proteção estatal do campesino no Brasil: da (in)aplicabilidade da teoria do domínio do fato na punição dos mandantes de homicídios no meio rural(Universidade Federal de Goiás, 2024-03-12) Souza, Cristiano de Freitas; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Rosero, Álvaro Maurício Chamorro; Chagas, Afonso Maria dasIn Brazil, there are several conflicts over possession and ownership of land, which are presented for the occurrence of crimes, among them, homicide committed against people living in rural areas, when the action comes from the order of a principal to commit the crime. In this sense, the objective was to analyze the rules related to the competition of people described in art. 29, of the Penal Code, verifying whether they are sufficient to prevent and reprove criminal injustice, as well as the possibility of applying the theory of mastery of the fact in cases of “pistoling” or “mercenary homicide” in the field. In this context, it has become relevant to know the historical factors behind the formation of agrarian property and its effects today, and whether or not these facts are contributory elements to the existence of various disputes over areas, in addition to the occurrence of crimes due to issues related to Earth. Furthermore, the intention was to verify whether the characterization of the peasant as an enemy is an instrument for maintaining the dominant elite and dominating the excluded as a strategy of capital. In this sense, emblematic cases that occurred on national soil and current data on violence in the field of the Pastoral Land Commission, specifically those referring to the period from 2017 to 2022, prove the thematic relevance of this study, as the intention is to create alternatives to reduce criminal offenses in the agricultural sphere and, consequently, preserve lives, through a regulatory system that aligns criminal norms with effective public policies on access to land, which can lead to a reduction in homicides. It is observed that when the figure of the “land-invading enemy” was created, the consequence was his elimination from the “good society”, the loss of citizenship, privileging the interests of landowners and rural entrepreneurs. And, within the scope of criminal law effectiveness, it was noted that there are several theories about the concurrence of people, without, however, resolving the problem of indirect authorship. And, added to this, the theory of mastery of fact cannot be used in all cases of mediate authorship; as well as the lack of consensus in the jurisprudence of the Superior Court of Justice on the possibility of applying the qualifier of art. 121, § 2o, I, of the Penal Code, to the principal, and the ineffectiveness of the Jury Court procedure, demonstrate the need to change the Penal Code, to objectively provide for the rules on indirect authorship, and the Criminal Procedure Code, to improve the judgment of crimes of manslaughter in rural areas