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Juizados agrários (JA)
(Universidade Federal de Goiás, 1995) Lenza, Vítor Barboza; Castro, José Soares de
In the Agrarian Cour- (?C) , the agrarian disputes liniited to the amount of 40 (forty) minimum wages and the agrarian penal decisions concerning the penal infraction, culpable and deceitful crimes to which the Law attributes the máximum penalty of up to two years of detention and up to one year of reclusión will come to an end. These will be processed and executed, under oral and summarized ^proceedings according to the Law number 7.24 4, of November 7th, 1984. This proposed preliminary bilí predicts the división of the State of Goiás in 52 agrarian judiciary microregions, which will congrégate, perhaps, four or five towns and districts, and that in one of them will be established the agrarian judiciary microregion headquarter, in which the agrarian judge will reside, according to the Judiciary Organization of the State. The intent is that this portion of the State Justice has its own selection process to inj/est in the career, which is necessary because the bachelor of Law who will quatify for the exam will know beforehand that he will have to go through all his/her agrarian judiciary región, always when a great number °f people and witnesses are involved, having in mind the economy and commodity of the rural community. These judges will be known and will stand out by the use of simple clothes, adapted to the rural environment (blue jeans judge), which, when displaced to conflict areas, and in the case where better installations are not readily available, an awning would be opened in the judge's truck and the audienCes would take place even under a tree. The Agrarian Courts will have a very important role in social peace process, regarding the rural communities: and also the duty to get the citizens cióse, especially the simple and most needy ones of the Judicious System, which is still distant from its jurisdictional members. The Agrarian Courts will be oriented by the principie of the orality, of the simplicity, of the informality, of the economy of the legal proceedings, of the gratuity, and also, of the quickness, with the intent to obtain efficient conciliation among the parts involved. Only the countryman, the small rural entrepreneur, and the samll farmer will have the right to the action in the Agrarian Courts, being forbidden to juridic persons and other owners living in the active pole of the actions. However, all Physic persons will be able to act as agents and active or passive subjects in the Agrarian Penal Courts. From the decisions taken by the Agrarian Courts, unsPeakable appeal will take place in the Agrarian Court of ApPeals (ACA), composed of three first degree jurisdiction judges which will have the regional competency in the agrarian judiciary microregions, under the presidency of the oldest in the state magistracy among them. The idea of the creation of the Agrarian ^Courts (AC) was developed in Professor Paulo Torminn Borges "agrarian offices" and it is hoped that this idea will spread so that in a short period of time we are able to have de Justice in the field, correcting, this way, this qualified injustice which Perpétrate daily against the rural brazilians. This Master's Dissertation brings a proposed proeliminary bilí which is simple, of low cost to implement and, above aH, efficient. Therefore, we ought to implement it now so that the GREAT IDEAL OF JUSTICE in the field is fulfilled, which is, a justice that is fast, simplified, efficient and free.
O pilão e a geladeira: o modo de ser e viver do rurícola goiano e sua contribuição para o direito agrário
(Universidade Federal de Goiás, 2001-09-25) Faria, Regina Celeste de Castro; Pessoa, Jadir de Morais; http://lattes.cnpq.br/7640102236711284; Pessoa, Jadir de Morais; http://lattes.cnpq.br/7640102236711284; Ulhôa, Joel Pimentel de; Assumpção, Albertina Vicentinni
Land law is aimed at procteting the agricultor, guarantee productivity and rational use of natural renewable resources and, for this reason, it established that these objectives be met by means of implementation of rural developmental policies which have as its main objectives established by the law itself, it's considered more important the ones related to both social and economical advancement of the agricultor. ln order to promete economical and social developement become necessary, beforehand, educate this human being by providing him with good schooling among other opportunities, this beca use, it is not possible to talk about social and educational progress without guaranteeing him the necessary educational opportunities. ln order to underst, respect and accept his characteristics as a whole, it is necessary, first or ali. to know him. Once the principal objective of this kind of research is to learn about the agricultor established in Geias in the mid of the XX century. the local literature will be surveyed in order to discover the data that capacitate us to identify his profile, way of living so that this knowledge could contribute to the process of rural development.
Metodologia de fixação das penas
(Universidade Federal de Goiás, 2002) Morais, Abel Cardoso; Santos, Nivaldo dos
In this work are established objective criteria of fixation of the exclusive punishment of freedom and of fine, according to doctrinaire jurisprudencial orientation, and the Brazilian positive right. Target itself the first chapter to the panoramic analysis, to the study of the source, historical evolution and principles that govern the punishment. The second chapter cares for of the technical criteria of fixation of the exclusive feathers of freedom and of fine, boarding itself several referring aspects to dosage e of the penal sanction, such as: the fixation of the punishment-base, with strict observance of the judicial criteria; the establishment of the temporary punishment, considering the importance, extenuating and the contest among them; the determination of the definitive punishment, having in mind the punishment increase or decrease special causes, the contest among them and the logic of the calculation in the successive, there included causes those current of the tried crime, formal contest and continued crime, where not always the jurisprudence introduces a good solution inside the juridical technique. The fine punishment is treated under two variant: value of the days-fine’s day fine and quantity. The last chapter care for the judicial providences that happen to the fixation of the exclusive punishment of freedom and or fine, such as the substitution of prision or concession punishment of benefits. Each on of these benefits is studied of part the part, carryng itself in account the legal requisites that authorize the pertinence of one or of another, observing itself the current jurisprudence about the subject. They are examined the extrapenal effects of the condemnation, automatic and specific, like sanction form due to the penal condemnation. In the conclusive phase, they are selected the answers that were flushed in the context of the work and introduced suggestions.
A responsabilidade da pessoa jurídica no âmbito penal nos crimes de contaminação de água potável em relação à poluição dos recursos hídricos
(Universidade Federal de Goiás, 2002-04-26) Lacerda, Sílvia Maria Gonçalves Santos de; Santos, Pedro Sérgio dos Santos; Barbosa, Licínio; Cernicchiaro, Luiz Vicente; Cernicchiaro, Luiz Vicente; Barbosa, Licínio; Santos, Pedro Sergio dos; Franco, Vera Lucia Almeida Alves N.
The environmental crimes have been a reason of ostentation all over the Word. The judiciary has been finding difficulty to individualize the responsible for such criminal acts the environment. The research in discussion is themed: “The responsibility of the legal entity in the penal range in such crimes as the contamination of the potable water according to hydric resources”. In this purpose, the references of environmental crimes throughout the word were discussed in wide variety, and also the rhetoric function of the expression “sustainable development” was analyzed, as well, starting from the fact of recognition that susceptibility is the natural principal and it cannot be substituted by developer, hurrying on to rapidly avoid its destruction. Through bibliographic and field research, some doctrinaire commentaries were emphasized about the understanding of the true environmental problematic, insinuating vulnerable points referring to the self object of word, such as the neglect of the public government according to environmental protection, who are the responsible for the contamination of the potable water and some other questions related to the topic in discussion. Furthermore, the chapter “from the waters” relates about the volume of the ocean water throughout the globe, showing its resources, its provenance with the contaminated sources, highlighting the industry as the biggest water contamination of all. Some quotations entitled as “juridical tutelage” commented about the legal guardianship of the water in the federal constitution of Brazil as relevant and some other legal definitions as well. Institute treated in the comparison of law, analyzing the institutional laws that distinguished themselves by establishing laws that will preserve the hydric resources on the planet. The environmental politic in Brazil had importance in many blanches of law study, the tutelage of the environment. Although all of the evolution of the civil responsibility theory, reaching up to the objective responsibility, by applying different sanctions, going from giving away fines to the obligations of recovering the environment, even though it shows not being so efficient to solve the problem, as little as it seems, produces side effects in many other biomes. The main aspect of the research was to show the penal responsibility of the legal entity due to the contamination states that the legal entity is also responsible for the environmental crimes, such as the law of “environmental crimes” as seen in article 225, third paragraph, first cut. It also shows that the juridical corporation in the entity responsible for such crimes in the civil and penal range, and also administrable responsible for the environmental crimes, establishing sanctions to be comminated in many areas of law study.
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 Leal
It 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.
Procedibilidade penal nos crimes contra a ordem tributária praticados por particulares
(Universidade Federal de Goiás, 2004-08-13) Luz, Juslene Maria da; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Santos, Nivaldo dos; Baraúna, Augusto Cezar Ferreira de; Costa, Eliane Romeiro
The subject of study this thesis is criminal proceedings by to commit crime don't pay offtax, definite on first and second article of 8.137 law, 27 december 1990. ln scientific investigation went used the bibliographical and documental research and method to interpret the rules according to Brazil Federative Republic Constitution to contribute for an improvement of the National Punitive Power Control Sustem. There are relevants questions connected at the tax constitution administrative lawsuit, criminal responsability and jail penalty that must be study so that to impede violation at constitutional rights and guarantees.
Aspectos penais da garantia constitucional do direito ao silêncio
(Universidade Federal de Goiás, 2004-10-15) Jesus, Marcelo Lopes de; Marin, Eriberto Francisco Bevilaqua; http://lattes.cnpq.br/9078134881548192; Marin, Eriberto Francisco Bevilaqua; Santos, Nivaldo dos; Campos, Francisco Itami
The purpose of these study is to make an evaluation of the right to remain in silence, raised to the condition of constitutional guarantee by Federal Constitution of 1988, trying to understand it´s reach, range of application and implications in Criminal Processual Law, Constitutional Law and in Crimanal Law. It was made, initially, a analisys of the silence itself, takin it in its phisicals, psicologicals, linguistics and semiotics aspects, afterwards, it searches to identify silence as a manifestation of will, and not only as a simple act of remain quiet, reaching, finally, the comprehension of the juridical aspects of the right to remain silente. To understand the reflects of the right to remain silent in the different branchs of Law observed, it was necessary an historical and evolutive analisys of the right to remain silent, in several moments of history, as well as in other countries, to evaluate it´s incidence in present Law. This analisys permited perceive the right to remain silent, as an extension of a greater principle, that one as no one should be compeled to produce proof against himself, bringing immediate impact in probatory production and interrogation. These one should be, more and more, took as a way of defense, not as a way of proof, and it falls to the accused evaluate the convenience, or not, to remain quiet. At the end, it reachs the conclusion that the right to remain in silence is part of a bigger juncture, that affects processual instruction ethics itself and policial inquest, derivative from a clear option, made by the Constitutional Legislator, to promote a probatory instruction, guided by all means of defense and, principally, by the principle of presumption of the state of innocence, serving, as well, as boudaries to the edition of ordinary laws, as it appears as a fundamental right.
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, Elisabete
Land 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.
A interceptação telefônica no tráfico de drogas: técnica de investigação e ausência de defesa
(Universidade Federal de Goiás, 2005-02-24) Lima, Paulo Augusto Moreira; Marin, Eriberto Francisco Bevilaqua; http://lattes.cnpq.br/9078134881548192; Marin, Eriberto Francisco Beviláqua; Santos, Pedro Sérgio dos; Silva, Germano Campos
The drug trafficking is one of the greatest bad things of the contemporary society, involving on questions related to the human rights, the economy, the organized crime and the public health. In this context, the wire tapping is considered one of the main techniques of investigation, since that it is a secret proceding until the conclusion of the inquiries on determined criminal group. In conclusion, it is considered that the wire tapping is used as evidence only after the identification of the main dealers and obtaining substantial information related to the modus operandi of the criminals.
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 de
From 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.
Exploração florestal certificada no cerrado: o crédito rural como mecanismo de fomento, controle e fiscalização
(Universidade Federal de Goiás, 2010-04-26) MARQUES, Carla Regina Silva; MARIN, Eriberto Francisco Bevilaqua; http://lattes.cnpq.br/9078134881548192
This search focuses on the Exploration of Wood in savanna, for certification, which aims to certify the origin of the product within the standards of sustainability. For this, some national and international methods have been decribed, as well as a brief description about the history and classification of Forest Certification. Secondly, the Rural Credit was exploited in its legal nuances and their applicability to logging. Finally, it was showed the possibility of logging in Savannah, in a sustainable way, when it was identified the main characteristics of this biome. In the end, it was concuded by the possibility of histype of agriculture activity in Savanna, to wich it can be used several lines of financing offered by financial institutions. From the legal point of view, highlighted the bias developer of Agricultural Law, in contrast to the bias sanctions Environmental Law.
Trabalho análogo ao de escravo rural no Brasil do século XXI: novos contornos de um antigo problema
(Universidade Federal de Goiás, 2010-05-20) SILVA, Marcello Ribeiro; PIETROBOM, Sílzia Alves Carvalho; http://lattes.cnpq.br/4479623908963181
The objective of this paper is the study of rural labor analogous to slavery in Brazil of the 21st century. The goal of the research is to analyze the concept, characterization and the current mechanisms to combat this legal, social and economic phenomenon. Since some of the main obstacles to eradicating slavery-like working conditions are the absence of a precise concept of the phenomenon and the difficulty of its characteristics, this paper seeks to introduce the concept and identify the main features of this slavery-like labor, in hopes of contributing to its elimination. According to this paper, the concept of working conditions analogous to slavery outlined in article 149 of the Brazilian Criminal Code, with the wording of Law nº 10.803/2003, is broader than the concept of forced labor conceived by International Labor Organization. Thus, concludes this paper that the Brazilian Criminal Code´s Laws prohibit labor that is either forced or degrading, in essence using the concept of human dignity as its basis for outlawing all forms of modern slavery. This paper also concludes that although Brazil has achieved a prominent position in the fight against slavery-like labor, the legal mechanisms currently in existence to combat contemporary forms of slavery are not sufficient to solve the problem, a problem that is not only legal in scope, but also economic and social. Therefore, this paper defends the use of land expropriation as a mechanism to combat rural working conditions analogous to slavery for two reasons. First, because it represents the main instrument to implement agrarian reform, and, second, because land expropriation constitutes a penalty to the rural property owner who, ignoring the social function, forces workers to labor under slavery-like conditions. This paper uses the deductive method, relying on a qualitative research conducted from a bibliographic review of part of the available legal literature on the subject and from documents obtained in civil investigations and civil actions conducted by the public labor prosecutor.
EMPRESA AGRÁRIA: Análise jurídica do principal instituto do Direito Agrário contemporâneo no Brasil
(Universidade Federal de Goiás, 2010-07-28) PINHEIRO, Frederico Garcia; NEVES, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; TÁRREGA, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934
This dissertation aims to present an overview of the legal theory adopted by the enterprise in Brazilian Enterprise Law, and thereafter, further studies specifically the agrarian enterprise, mainly to assess what were the legal innovations that appeared with the validity of the Civil Code of 2002, as well as the corresponding consequences for the Brazilian Agrarian Law that currently has in undertaking its primary agrarian institute.
A propriedade intelectual no direito agrário: a tutela jurídica da exploração econômica dos conhecimentos tradicionais associados à biodiversidade
(Universidade Federal de Goiás, 2010-08-10) FURTADO, Fabrício Ribeiro dos Santos; SANTOS, Nivaldo dos; http://lattes.cnpq.br/3359203015249134
The potential cost-effective generated by biological diversity misrepresented the sense and value of traditional knowledge associated with biodiversity, intensifying exploitation and destruction of natural resources, notably in developing countries. Protection of biodiversity is regulatory framework of the Convention on biological diversity, with three main objectives: biodiversity conservation, sustainable use of its components and the fair and equitable sharing of benefits derived from the use of natural resources, through their appropriate access and transfer of relevant technologies. Another band, the international intellectual property system, embodied by the TRIPS Agreement, expressed through its institutions, notably the WTO and WIPO, by application of the system of patents to traditional knowledge, legalising the expropriation of elements of biodiversity, what is termed the "back of Columbus". This work you want to check each one of the main points of these two models of protection of traditional knowledge, discerning possible alternatives present on the international scene. Accordingly, the approach is highly theoretical, having as main conceptual the thinking of Fritjof Capra, his work "the Web of life", which implies recognizing that biodiversity has an intrinsic value. The search will seek to identify the lines category nature demarcatórias, while discussing unsustainable current model of economic development, result of Cartesian rationalism. Will performed consulting agreements and international documents, comparing the positions of several authors and institutions involved.
Intervenção do estado na agricultura: política de desenvolvimento agrário, tributação e incentivos fiscais
(Universidade Federal de Goiás, 2010-09-08) VIEIRA, Lucas Bevilacqua Cabianca; NEVES, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829
Throughout the agricultural history of Brazil-colony to nowadays, the State is an agent of the Spotlight: in the definition of regulatory frameworks, encouraging private initiative, or even as a direct economic agent. Since this the present work intends to make a brief historical summary of state intervention in agriculture activity, with the prospect of detail in the marcha para o oeste, in order to understand the evolution of Brazilian agrarian policy with emphasis on taxation. Considering the modalities of state intervention in the economic order there shall be a topical analysis of tax incentives as an instrument of agrarian policy, taxes imposed on us: the rural property (ITR), the income of rural activity (IRPF and IRPJ) and agricultural products (ICMS) in an internationalized setting. Considering the demands of the agricultural sector (tax cuts, simplification of the system and eliminating distortions of competition) its urgent to adopt an effective agricultural policy in compliance with the standards of public finances and the guidelines of the Multilateral System Trade and MERCOSUR.
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/3943209743451118
The 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.
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/3710736362842934
The 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.
Pagamento pelos serviços ambientais: proteção das app s através do icms ecológico
(Universidade Federal de Goiás, 2010-10-21) JUSTINIANO, Maria Augusta Fernandes; NEVES, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829
La recherche, sous un point de vue axiologique, a cherché à répondre à des questions relatives à droit de propriété rurale ayant pour basilaire le principe nucléaires de fonction sociale. L exigence de l environnement a été souligné dans le but de contribuer à la solution du problème de la réduction des zones protégées par la loi, en particulier les zones de préservation permanent. La recherche d alternatives au conflit vécues par les paysans entre la productivité et la durabilité n exploration de l activité rurale, a été fondée sur le droit fondamental à un environnement écologiquement équilibré, considéré par la Constitution comme une responsabilité de tous, du gouvernement et la société. En utilisant les solutions parmi les politiques publiques, a été identifié le Paiement des Services Écosystémiques (PSE) pour les agriculteurs en tant qu instrument de gestion de l environnement rendue possible grâce à des recettes de ICMS Écologique. Mettez en évidence le base théorique, en le droit Premial, défendu par Norberto Bobbio, en le principe de l égalité et le principe de solidarité dans la perspective de la justice distributive aristotélicienne.
Ocupação coletiva de imóvel rural e desapropriação agrária
(Universidade Federal de Goiás, 2010-10-28) SOUZA JÚNIOR, Edson José de; MARIN, Eriberto Francisco Bevilaqua; http://lattes.cnpq.br/9078134881548192
This paper proposes a study about the interpretation of legal provisions that establish the new regulatory framework of one of the mean legal institutions of official performance allusive to agrarian reform, that is the expropriation by social interest to the agrarian reform. This reform is also known as agrarian expropriation, especially under the perspective of the consequences of collective occupation of rural property in the process of inspection or administrative assessment, or that is about to judge the respective action of agrarian expropriation. One concern that guided this study was to indicate the list of government initiatives to try to contain conflicts in the field, as well as to check to the most diverse jurisdictional understandings these incursions resulted. As theoretical support of this work, the normativity, the relevance of the principle of human dignity and of the nature protection and the centrality that the principle of social function bears in the current stage of "evolution" of parental rights were analyzed. This occurred without forgetting that there was an expansion of the content, inserted in a context of class struggle, a process of flows and inflows, advances and setbacks. We sought to accomplish an interpretation more in line with the normativity of the constitutional provisions, in view of the binding and normative force of the constitutional principles, especially of the social function of property. The intention was to resolve the apparent conflict between fundamental rights, since the balance between the respective constitutional values, aiming to achieve the right to access to land as social right, therefore, fundamental right.
A reparação do dano ambiental na desapropriação agrária sancionatória: A utilização de instituto do direito agrário como instrumento jurídico para a proteção ambiental
(Universidade Federal de Goiás, 2010-11-04) ESTABILE, Henrique César da Rocha; SANTOS, Nivaldo dos; http://lattes.cnpq.br/3359203015249134
The Brazilian Federal Constitution, promulgated on 1988, provides the property right; nevertheless it‟s related to a social purpose. Therefore the Magna Carta asserts that the right to a healthy or adequate environment is itself a human right, which leads to the citzens and the State the responsibility of ensuring the needs and interests of present and future generations fully safeguarded, covering a variety of issues including protection of the environment. Furthermore, the Union has the authority to determine land expropriation of the areas which are not committed with a social purpose, featuring these lands for agrarian reform. Hence, knowing both constitutional guidelines, comes to a closer discussion the compensation for the environmental when there‟s a land expropriation penalty. Focusing this, an analyses could be done in a way that using the land expropriation penalty could be a legal instrument leading to environmental protection. Considering the procedures of land expropriation penalty, the expropiating entity checks the rural property including the environmental damage of it. Thus, if environmental damage is found, the State should mention demand for restitution of the area in the expropriation procedures, under penalty of handle it hereafter, counting as damage to the treasury. Moreover, there was verified the real legal intent of this kind of expropriation. In this way, it suggests a new designation of the institute and formulated a new concept of Desapropriação Agrária Sancionatória. In this inquiry, we adapt the a deductive technique, using a literature research, judicial precedents and legislative. The process used is the positivism, mitigated by Miguel Reale in Teoria Tridimensional do Direito , referring not only, in norms and brazilian courts decisions, but in historical and contemporary facts, as well as moral questions raised as instrument used in the description of the object of study.

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