FD - Faculdade de Direito

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    Aguydjeweté- racismo estrutural perpetrado aos povos indígenas pelo estado brasileiro: a nova estratégia do marco temporal
    (Universidade Federal de Goiás, 2023-02-27) Ebeidalla, Fatahala Sampaio; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796 Link do orcid (se houver): https://orcid.org/0000-000; Arruda, André Felipe Soares de; Lacerda, Rosane Freire; Maia, Cláudio Lopes
    Since colonization, the Brazilian state has, via the coloniality of power, organized an institutional structure aimed at maintaining racial privileges for the dominant classes. Enabling them, the right to private property, the appropriation of land, to the detriment of the denial of the original right of indigenous peoples for their territories, their territorialities and their way of life. As a result, the original peoples who were here, with an ancestry of thousands of years, witnessed over these five centuries the usurpation of their territories, the deprivation and attempt to cover up their cultures and the denial of their identity. Furthermore, to enable the realization of this “white” property right, indigenous peoples have historically been the target of exterminations and genocides, and continue to be subjected, to this day, to the same structural racism imposed by the segregating system contained in institutions and institutions. individuals who compose it. The present research consists of the analysis of the structural racism perpetrated by the Brazilian State against the Indigenous Peoples, throughout the historical process, culminating recently with the Temporal Framework Thesis of the indigenous lands, which tries to link the date of October 5, 1988, that is , of its enactment, as a framework for proving ownership or right to land by indigenous populations. In this context, representatives of world capitalist sectors linked to the ruralist caucus of the National Congress-CN, of agribusiness and mining, legally try, through this thesis, to make the demarcation of their lands unfeasible or relativize to indigenous peoples. Thus, making it impossible to demarcate and recognize their territories and, consequently, to enforce their original rights, which are constitutionally guaranteed from 1988 onwards. As a main hypothesis, this research proposes the analysis that: the most recent strategy of the Brazilian State in the implementation of structural racism, stimulated and expressed by the various hegemonic capitalist sectors present in the world and Brazilian state structure, acting via racialization, to maintain the Eurocentric and white property right. It will also be the main hypothesis to be analyzed: The possibility that the strategies in progress, and those outlined in the Brazilian State, to put into effect the thesis of the temporal framework, are generating an ecocide in the Amazon Biome, causing a mega-extinction of species, loss of biodiversity and destruction of an extremely important biome for the maintenance of life on the planet, which, in addition to making the possibility of survival of the Indigenous Peoples, which still remain in our country, impossible, also makes the conservation of important ecosystems impossible for the survival of present and future generations.
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    Mineração e garimpo em territórios indígenas e os impactos nos direitos culturais desses povos: o reflexo do mundo moderno que atinge a relação dos povos indígenas com a natureza
    (Universidade Federal de Goiás, 2023-02-28) Guimarães, Milena de Paula Faria; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Caleiro, Manuel Munhoz; Avzarade, Pedro Curvello Saavedra
    The theme of this research is mining on indigenous lands. Verify how mining on indigenous lands affects the cultural rights of the native peoples of these territories. The construction of the debate is in the relationship that indigenous people have with nature, and how this characteristic is necessary to the construction of social and cultural reality, as traditional ways. Nevertheless, in a different way, from the current conception of modernity, the dominant society is based on anthropocentric, ethnocentric, eurocentric, and capitalist ideas. With these justifications, the possibility of the activity is allowed. However, the legal order recognizes indigenous cultural rights, in which degrading practices of nature, invasive to the territory, destabilizing the economy and harmful to health and indigenous food, affect the social organization, customs, and traditions of indigenous peoples. Because of the affectionate relationship with the land, the loss of these elements affects rights, specifically cultural rights related to the cultural formation of indigenous ways of life. The general objective is to analyze how mining on indigenous lands can hurt and bring problems to the cultural rights of these peoples, due to the relationship they have with the land. The specific objectives consist of: explaining the legislation pertinent to the theme, both regarding mining, as well as regarding indigenous cultural rights; relating the controversies of regulation as a consequence of the modern world, verifying how Brazil stands in this situation; exploring the relationship of indigenous people with nature, verifying how this relationship integrates the cultural reality of these peoples from reports with indigenous opinion. For the elaboration of this research, the method used is deductive, with qualitative research of exploratory object. The theme will developed through theoretical bibliographical research, with the reading of works that deal with the subject, which contribute to the understanding of the theme and to the solution of the problem presented. The materials used will serve as data and secondary sources for the conclusion of the research. For the survey of the argumentation, indigenous authors will used to demonstrate their conception of life, including also reports by indigenous associations about the situation in their lands. Complementing the idea, works by researchers focused on the study of indigenous peoples, also those characteristic of research on mining lands and pertinent to the cultural study. The theories used start from an initial plan of the colonialism of power, complemented by authors who report on the formative elements of 'modernity'. Consequently, of this formation, the Brazilian reality is seen by the theories of its situation before the world, with the term dependent capitalism. Through the research, it is possible to conclude that mining on indigenous lands affect the cultural rights of these peoples, due to the relationship they have with nature. This characteristic forms the indigenous cultures and is the ways of life of the original peoples. Therefore, as the legal system recognizes these rights, it is necessary to seek an effective implementation to prevent extractive activities from occurring on indigenous lands or, when they do occur, to comply with minimum requirements in accordance with indigenous acceptance.
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    A mulher na luta pela terra: da expropriação à subversão
    (Universidade Federal de Goiás, 2022-08-26) Rego, Julyana Macedo; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda; Arruda, André Felipe Soares de; Tárrega, Maria Cristina Vidotte Blanco; Martins, Carla Benitez
    Violence is not a phenomenon that can be explained unilaterally, dissociated from the analysis of gender, race and class categories, given the consubstantiality of relationships. In view of this, the present work proposes to analyze the violence suffered by rural women in the process of resistance to land expropriation. This is because, according to data from the Conflitos no Campo Brasil 2018 dossier, between 2009 and 2018, 1,409 cases of violence against women were recorded in the context of the struggle for land, demonstrating the urgency of the present analysis, in particular, in view of underreporting. . To achieve the proposed objective, the method of bibliographic review was adopted, based on the study of specialized works on the subject. In another turn, in order to give an empirical character to the research, official data were inserted that deal with the difficulty of access to land, as well as the violence perpetrated on these subjects, when practicing acts of resistance and confrontation with the established order. It is also worth noting that it was a political and academic option to adopt a feminist and Marxist theoretical framework, one because science sometimes ignores women's production and, two, because a work on women, done by a woman, it would prove to be - at the very least - incoherent if it had as a reference the theories conceived by men. It does not mean, however, that, at times, works/theories written by men were not consulted, but this was done in a minority way. Regarding the way of writing, to facilitate understanding, the work is structured in three sections. In the first one, an approach was made about the feminist movement, which, in addition to the character of a social movement, constitutes a critical theory of white, Eurocentric, misogynistic and patriarchal science. Subsequently, it was explained about the Feminist Theory of Law and its impact on this extremely conservative field and, afterwards, it was possible to deal with the system of oppression and domination of women, focusing on the biological analysis and the sexual and racial division of the job. In the second section, the process of land expropriation was explained, arising, above all, with capitalism, denouncing, even, the emergence of the very concept of private property. To this end, it was demonstrated that, for the functioning of capitalism, it was necessary for rural workers to leave their lands, to work in the factory model, in an urban area. But to force them to do so, it was necessary to break the idea of the common good, giving rise to enclosures. Afterwards, it was demonstrated that this process has specific characteristics when it comes to women, and, to prove it, an analysis was made of women's rights in the country, in particular, regarding the capacity theory and its implications regarding to the acquisition of the property. Afterwards, it was shown that, strained by the pressure of the feminist movement, the Brazilian Judiciary has - albeit in a very inaugural way - recognize gender violence, when analyzing concrete cases. Having traversed this path, it was possible to reach the third section and, in it, the rural women's movement in Brazil was addressed, focusing on the emergence of the so-called peasant feminism. Subsequently, data were brought about the violence perpetrated on female subjects during the struggle for land. In the end, it was possible to conclude that violence against rural women is a serious phenomenon and intentionally ignored by the State, which does so, it should be noted, in order to maintain the status quo that privileges the Brazilian agrarian elite.
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    As possibilidades e ameaças da nova lei do agro para a política agrícola: perspectivas para além do agronegócio
    (Universidade Federal de Goiás, 2022-09-28) Silva, Kleber Souza; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Rocha, Eduardo Gonçalves; Trentini, Flávia
    This master thesis aims to analyse the Law n° 13.986/2020 know as “Lei de Agro”, it contains the possibilities and dangers that this legislation provide to Brazilian Agricultural Policy, specifically with modification created by Fundo Garantidor Solidário, the prevision of legal economic subvention to small rural proprieties, the dolarization of credit bonds and the land juridical possibility to foreign people. The general objective of this research consisted in analyse through Law Economic Analysis using the juseeconomic apparatus to unravel the timely possibilities created by legal diploma to agricultural policy to small and medium rural farmers, as well the lack in law introduced by this legislation. This text is organized in three chapters. The first chapter researched about the agricultural policy in Brazilian Federal Constitution, the rural globalization and the importance of rural credits, its history and the financing systems available. The second chapter discussed about the “Lei do Agro” and the enforcement of Private Financing Systems that attends to agribusiness necessities, the position of alterations closed by the law and the jurisdition from justice system about the rural credits. Last, in the third chapter was realized an analysis of Law 13.986 through Law Economic Analysis and its foundations, demonstrating the costs and incentives to decision of possible affected and benefected people by changes, making a diagnostic and later a prognostico of possibilities created by small and medium producers as well the juridical possibility created by the law about the transition of land for international people, and the proccess of dolarization of rural credit bonds. Finally the legal changes inserted by the Law 13.986 presented considerable transaction costs as vinculation of Exchange variation in credit titles, of necessity of judicial actions that can restrain the direct transference of land for foreign people, of necessity of rural credity subsidiated to social inequality in rural areas and the changes in “Lei do Agro” can and must be included in Government Agricultural Policy.
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    Proteção jurídica das práticas e territorialidades específicas das comunidades ayahuasqueiras
    (Universidade Federal de Goiás, 2023-04-25) Teles, Marcus Vinícius Santana; Dantas, Fernando Antônio de Carvalho; http://lattes.cnpq.br/4265365823959236; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Souza Filho, Carlos Frederico Marés de; Irigaray, Carlos Teodoro José Hugueney
    Ayahuasca is a sacred drink used in a ritual way since time immemorial by the native Amazonian and Andean peoples. In Brazil, during the 20th century, the ritual use of ayahuasca increased among non-indigenous peoples, culminating in syncretic religions that later expanded beyond the Amazonian territory, including internationally. The relationship of these subjects with ayahuasca and consequently with the territory/nature is guided by ancestry and spirituality, that is, a conception that Nature is sacred, materialized through a harmonious relationship with Nature. That is, the specific practices and territorialities of the ayahuasca communities are not guided solely by a marketing relationship with the territory. These specific practices and territorialities are part of Brazilian culture, with their protection guaranteed by CRFB/88, which explicitly recognizes the plurality of Brazilian culture and within the scope of international protection and human rights, primarily by Convention 169 of the ILO. For these reasons, through the legal-sociological aspect, studying the legal phenomenon in the social environment and using deductive/inductive reasoning. We carried out a bibliographical review and a qualitative analysis of the specific practices and territorialities of the ayahuasca communities and their consequent spiritual relationship with the land /Nature. To conclude that territory and culture are inseparable. Therefore, the protection of ayahuasca practices is essential to guarantee and protect the territory and, consequently, the cultural heritage and identity of different subjects and communities. In addition, as these subjects promote movements in defense of their territorialities, they create a plural right of a counter-hegemonic character based on the preservation of Nature, on the consideration of individualism and the notions of private property.