FD - Faculdade de Direito

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Navegando FD - Faculdade de Direito por Por Orientador "Diehl, Diego Augusto"

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    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 de
    The 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.
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    A tutela jurídica da natureza no Brasil e Equador: do direito ao meio ambiente à vanguarda dos direitos da natureza
    (Universidade Federal de Goiás, 2020-03-05) Silva, Ingrid Cristina Soares; Diehl, Diego Augusto; http://lattes.cnpq.br/0985343069456855; Diehl, Diego Augusto; Dantas, Fernando Antônio de Carvalho; Caguana, Adriana Victoria Rodriguez
    This research has as its field of investigation the agro-environmental legal conflicts. We compare Brazilian environmental constitutional law with the constitutional rights of nature, which are two legal systems based on different philosophical conceptions: anthropocentrism and biocentrism, respectively. We are facing two paradigms that assume the legal vanguard of the matter in question, Brazilian environmental law at the end of the 20th century, and Ecuador's 2008 constitutional charter. In view of this innovative rationality, we began the investigation by questioning the status quo of the man-nature relationship. Afterwards, we make a study of the main institutes of Brazilian environmental constitutional law and of the constitutional rights of nature and, finally, we analyze the case law of Ecuador. In this way, we intend to answer the question whether the rights of nature in the Constitution of Ecuador guarantee greater protection for nature than the environmental rights of the Brazilian Constitution. This is empirical research in law based on documentary research. The quantitative and qualitative descriptive method will be applied for the analysis of judicial decisions about the rights of nature, articles 71, 72, 73 and 74 of the Constitution of Ecuador. The time frame for the publication of decisions will be 2008-2018. Of these rights, 13 judicial decisions of the Constitutional Court of Ecuador were found. We used as a theoretical framework for this research, the theory of the Natural Contract by Michel Serres combined with Latin American democratic constitutionalism, to verify political, epistemological and legal innovations.