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Item A flexibilização da legislação do uso de agrotóxicos no Brasil e suas consequências ao direito humano e constitucional à alimentação adequada(Universidade Federal de Goiás, 2024-02-23) Abreu , Thaís Gomes; Dal Bosco , Maria Goretti; http://lattes.cnpq.br/1935675385406842; Dal Bosco , Maria Goretti; Tárrega , Maria Cristina Vidotte Blanco; Botelho, Tiago ResendeThis dissertation analyzes the new Law on Pesticides, a process that began in 2018 with the inauguration of President Jair Bolsonaro (2018-2022). This period was marked by the resumption and subsequent approval by the National Congress of Bill No. 6.299/2002 (replaced by Bill No. 1.459/22), which resulted in the sanction and replacement of the previous law (Law No. 7.802/89) by the new Law No. 14.785/2023, known as the "poison package". The use of pesticides influences food security and affects fundamental human rights, including the Human Right to Adequate Food (HRAF), which results in the guarantee of Food and Nutrition Security (FNS). With this legislative change on the use of pesticides in Brazil, promoted by Decree No. 10.833/21 and the "poison package", the risks to the DHAA are imminent, as the use of pesticides can present countless problems to health, the environment and food. The research problem presented here is how the new Agrotoxics Law (Law 14.785/23) affects the human and constitutional right to adequate food. Therefore, this study represents a reflection on the regulation of pesticides and how their effects are at odds with the right to adequate food and with human and constitutional rights, becoming a serious problem for society today. The research takes an international approach, with a comparative study of Argentina, the United States and India with Brazil, examining the similarities and divergences related to the use of pesticides and related legislation, considering that these countries have significant agricultural production and/or are major producers of agrochemicals. This study also aims to provide a brief understanding of the practices adopted in each country, contributing to a more comprehensive overview of the regulations and challenges associated with the use of these products. In terms of method, the hypothetical-deductive method was used, which seeks to eliminate errors based on the hypothesis that the fundamental right to food is threatened by the use of agrochemicals and their mass release. As for the methodology adopted in the study, it is descriptive and exploratory in nature, and bibliographical in terms of means, using data from official and unofficial databases, legislation, doctrine and case law. The study highlights the challenges generated by the process of transforming agricultural practices, which began with the "Green Revolution" and intensified the use of technologies such as transgenics and agrochemicals. Brazil is the leading consumer of these products and faces pressure from the agrochemical industry to relax regulations, which compromises fundamental rights such as access to adequate food. The new Agrotoxics Law (Law 14.785/23) represents a step backwards by putting food safety and public health at risk. Given this scenario, it is essential to adopt policies that balance agricultural efficiency with the protection of human and environmental rights, strengthening regulations and encouraging sustainable practices in agriculture.Item Aplicação da Lei no 13.655/18 como mecanismo de legitimação das deliberações técnicas do Tribunal de Contas do Estado de Goiás (TCE/GO)(Universidade Federal de Goiás, 2023-09-20) Azevedo, Camila Morais; Valle, Vanice Regina Lírio do; http://lattes.cnpq.br/3362470177133456; Valle, Vanice Regina Lírio do; Motta, Fabrício Macedo; Rodrigues, Ricardo SchneiderThe present research has as object of study the application of Law nº 13.655/2018 by the Court of Auditors of the State of Goiás (TCE/GO), in the exercise of its controlling function. Therefore, this research is justified by the need to verify the degree of adhesion of the TCE/GO to this justification matrix proposed by LINDB in the formulation of its decisions, in order to legitimize them. Given this scenario, the research problem consists of answering the following question: “Has the LINDB rationale matrix been effectively applied in the development of the control function by the TCE/GO?”. In the search for possible answers to the problem raised, the general objective was outlined: to analyze the real application of the LINDB justification matrix in the development of the institutional function of the TCE/GO, as a mechanism for legitimizing its technical deliberations, highlighting as specific objectives: analyze the state of the art of the function of control conferred on the Courts of Auditors, in its various nuances, studying its evolution over the years, having the Federal Constitution of 1988 as a time frame; analyze the changes brought in LINDB, involving the justification matrix that the regulation intends to propose; verify how LINDB actually influences the control function exercised by the Courts of Auditors; build a database on how the TCE/GO has applied the LINDB to its judgments; analyze the collegiate decisions of the TCE/GO, from the validity of Law nº 13.655/2018, 04/26/2018 until 04/26/2022, within a period of four years, in order to verify the presence and degree argumentative development of the normative devices contained in articles 20 to 30 of the LINDB; and to analyze whether the way of applying the LINDB in the collegiate decisions of the TCE/GO proves to be sufficient to legitimize the statements of the Court of Auditors. As a methodology, this quantitative and qualitative research, of a descriptive nature, involved an empirical study, with the accomplishment of a documental research, through the analysis of documents, that is, of the legislation and collegiate decisions, as well as the accomplishment of the bibliographical research, in order to cross the data for interpretation, substantiating the research. As a result, the hypotheses are confirmed, namely: even after the changes made by LINDB, on 04/26/2018, the TCE/GO does not have a settled understanding in its jurisprudence regarding the application of this new justification matrix in the formulation of your decisions; the TCE/GO has not presented argumentative development in the application of the open concepts contained in articles 20 to 30 of the LINDB in its judgments; and the TCE/GO decisions, by moving away from the justification matrix proposed by LINDB, have weakened their sign of legitimacy.Item Política pública de fomento às micro e pequenas empresas pelo poder das compras públicas no Estado de Goiás: controle externo pelo TCE/GO (2006-2019)(Universidade Federal de Goiás, 2021-04-28) Barzellay, Larissa Sampaio; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa das; Schier, Adriana da Costa Ricardo; Motta, Fabrício MacedoIt investigates the actuation of Goias’s State Court of Counts at the control and public purchase oversight, focused on the impact of micro and small business promotion, in the local social and economic development. The governmental purchases (bidding) are presented as a market regulation instrument. Because of this, its control, by the excellence external control organ – Court of Counts –, can be essential to a better result and guide of public policy. The public purchases move bulky amounts, at the federal sphere as well as at the state sphere. They can, with this, once directed, be a big instrument of promotion of a determinated economic sector. When putted together these two themes – economic sector and bulky numbers – the first remission that infers is related to the micro and small business. The study shows the interference of the MPEs in the socioeconomic indicators, as the PIB and formal job (RAIS and CAGED). A theoretical discussion is promoted - in a Law and Public Policy approach –, about the public purchases and the participation of the micro and small business in this, as well as how the Court of Counts (history in Brazilian constitutions, instruments of action, functions, moments of action etc.). Concrete actions are chosen and analyzed, of the acts of actions of the Court of Counts of the State of Goiás (267 Decisions), having for focus the micro and small business. The participation of the micro and small business in the State of Goiás public purchases, between 2006 and 2019, is analyzed, as well as the 267 judgments prolated at the same period by the TCE/GO about the theme in order to diagnose the actuation of this agency about the MPEs. The main results shows that the participation is still low (media at the period 15% of the total of the state purchases and hiring of 1% of microbusiness with establishment registered in the state of Goiás) and that there wasn’t yet, by the Court of Counts of the State of Goiás, an evaluation of micro and small promotion public policies via audit. On the other hand, there are several judgments with determinations and recommendations, which were mapped and shown as reference. By the Pareto analysis method, its shown the public organs that concentrates the highest numbers of processes and the volume of inspected resources, which can be an indicative object to a TCE/GO oversight related to the participation of the MPEs in the public purchases of the state of Goiás agencies. In face of the statistical results, the main conclusion of the study is that there is lack of distributive justice in the values of the payments of the public purchases in the scope of the Goiás State and that it’s the TCE/GO’s function to act, based on its extern control agency power, above the state purchase power, in public policy control and support on the search of better ways to the state management, due to the persecution of the promotion foreseen in the LC nº 123, from 14 of december of 2006.Item Direitos socioambientais dos camponeses: os impactos e as implicações jurídicas da contaminação genética de sementes crioulas por transgênicos(Universidade Federal de Goiás, 2024-09-05) Brito, Jéssica da Silva; Geraldi, Anne Pimentel; http://lattes.cnpq.br/4203461457342854; Rossito, Flávia Donini; http://lattes.cnpq.br/6736700499041026; Rossito, Flávia Donini; Souza Filho, Carlos Frederico Marés de; Pedro, Juliana MonteiroThe debate on the protection and preservation of agrobiodiversity is one of the most important environmental issues today, as the genetic erosion of biological diversity in the environment increases. The main cause is the violent advance of the commodification and destruction of natural resources by agroindustrial capital, which imposes a homogeneous agricultural system through the technological package of transgenic seeds that has an impact on agricultural biodiversity and the associated sociocultural diversity. A process in which the State corroborates with instruments of legitimacy, since economic relations determine legal relations, and in this way, the legal system turns to regulating the agricultural system of commodity production, granting intellectual property protection to industrial seeds, while restricting an age-old practice of peasants of saving their seeds for the next crop. In addition, it leads to the informal production of native seeds by peasants. The conflict between socio-environmental rights and individual commercial interests involving seeds is aggravated by the advance of genetic contamination of native seeds, resulting in losses and damages that go far beyond the issue of production. In this sense, seeds, which are the heart of agriculture, constitute a territory of conflict and control. Thus, the research aims to identify the impacts and legal implications on the socioenvironmental rights of peasants in relation to the problem of genetic contamination of native seeds by transgenic seeds. The methodology adopted for the research was exploratory-descriptive, using bibliographic and documentary sources to collect information and data. And as a method of approach, the historical-dialectical materialist is used, in which the analysis of the historical process of economic and social development is considered to understand the relations of production that condition the creation of the current legal-political system. As a result, we identified that native seeds are essential to guarantee the conservation of agrobiodiversity and food security; the practice of the Popular Peasant Movement reaffirms the socio-environmental rights of peasants; that the legislation that aims to regulate the production and commercialization of seeds is geared towards serving the formal market of industrial seeds and establishes requirements that are difficult for farmers to achieve; genetic contamination causes direct harm to farmers of an economic, productive, cultural and legal nature, and also indirect harm to society as a whole and constitutes a violation of the right of farmers to biodiversity and the state's duty to protect the Environment with regard to preserving the integrity of the genetic heritage; and finally, that there are no effective institutional actions to curb the genetic contamination of Creole seeds, since the coexistence norm is insufficient and ineffective.Item Políticas públicas de segurança no Estado de Goiás e relação entre homicídios e letalidade policial: interpretando as fatabilidades e possíveis contradições na análise dos dados(Universidade Federal de Goiás, 2024-10-07) Domingues, Nathália Rodrigues de Oliveira Souza; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Santos, Pedro Sérgio dos; Sousa, Gaspar Alexandre Machado de; Lima, Suzann Flávia Cordeiro deEl estudio explora el papel de las políticas públicas en el Estado de Goiás, con énfasis en las intervenciones de las fuerzas policiales y su relación con los índices de criminalidad. Las fuerzas policiales son responsables del mantenimiento del orden público y de la seguridad de la población, según lo establecido en el artículo 144 de la Constitución Federal, que define la seguridad pública como deber del Estado y responsabilidad de todos. Entre los años 2020 y 2023, el Estado de Goiás se destacó entre las unidades federales con altas tasas de letalidad policial, quedando en tercer lugar en el ranking nacional en 2020, con una media de 89 muertes por 100.000 habitantes. Este dato coloca al estado entre los que tienen mayor número de muertes por intervenciones policiales, detrás solo de estados como Amapá y Sergipe. Los datos de homicidios en Goiás revelan una tendencia preocupante, con tasas que, en algunas áreas, superan la media nacional. El análisis de estos datos permite identificar índices de criminalidad y dirigir recursos de manera más eficaz. La letalidad policial, a su vez, ha sido un punto de controversia. El aumento de las acciones policiales letales puede interpretarse como una respuesta directa a la creciente violencia, pero también plantea preguntas sobre la necesidad de un entrenamiento adecuado y protocolos que garanticen el uso proporcional de la fuerza. Las políticas enfocadas en la reducción de la violencia incluyen la capacitación de los policías, la implementación de programas de inteligencia y la promoción de acciones comunitarias que apunten a la inclusión social y la reducción de las causas subyacentes de la criminalidad. La colaboración entre diferentes organismos gubernamentales y la sociedad civil es crucial para el éxito de estas iniciativas.Item A concepção dialógica e as políticas universitárias extensionistas na Universidade Federal de Goiás(Universidade Federal de Goiás, 2023-08-29) Félix, Murilo Emos; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Coelho, Diva Júlia Sousa da Cunha Safe; http://lattes.cnpq.br/4931359354042532; Coelho, Diva Júlia Sousa da Cunha Safe; Carvalho, Sílzia Alves; Oliveira, Gustavo Paschoal Teixeira de CastroUniversity extension as one of the pillars of universities plays a fundamental role in the pedagogical process of undergraduates and society, while serving as an effective method of sharing science and popular knowledge. However, since the period of redemocratization of the country and re-signification of the State and of education, based on Paulo Freire's thought, university extension not only communicates and disseminates science, but occurs in attention to the dialogic principle in an attempt to overcome the welfare conception . In the sense of dialogue, the university promotes a qualified interaction through the exchange of knowledge, no longer just providing one-way information. In this context, in 2014, as provided for in the National Education Plan, the mandatory inclusion of at least 10% of the undergraduate curriculum dedicated exclusively to extension. The research surveys how the Federal University of Goiás politically develops extension. As for the curricular insertion process, the research elaborated a questionnaire applied to the professors of the Campus Goiás of the UFG, as well as used the database supplied by the Pro-Rectory of Extension and Culture of the UFG. Inferences were drawn from both instruments as to the perspectives of extension up to this stage of implementation of the curricularization, among the main ones we can mention: the positive reception of the curricularization process and the difficulty of redoing the curricula . The investigation involves the analysis of the UFG's Institutional Development Plans (PDI's) and other institutional documents such as the Management Plan and the Pedagogical Political Projects of the Courses. Finally, the research produced a diagnosis on university extension at UFG, with the main conclusions being the finding of a fragmented policy for extension in the sense of a preponderance of actions developed for convenience. On the other hand, the curricularization process must change this situation with the inclusion of actions in the PPC's, making them officially part of the course policyItem Eficiência energética em prédios públicos como instrumento de política pública: uma análise no âmbito governamental do Estado de Goiás(Universidade Federal de Goiás, 2023-08-30) Figuerêdo, Renata Guimarães; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Santos, Pedro Sérgio dos; Cardoso, Franciele Silva; Silva, JéssicaTraguettoElectric energy is an indispensable resource for the economic and social development of a country. Its rational use, following the principles of Energy Efficiency, contributes to a better balance and security in the relationship between generation and demand, reducing waste, consumption and the risk of supply. In the field of buildings, Energy Efficiency is a relevant attribute of sustainability in architecture. Thus, the objective of this dissertation is to investigate and analyze federal laws, programs and public policies to promote energy efficiency in buildings, verifying and comparing their possible consequences in the state of Goiás, in order to evaluate and propose possible actions and policies directed specifically to the state public buildings, in order to promote and improve the energy and environmental performance of these buildings. Moreover, the technical potential for energy savings both in existing buildings and in new buildings that include energy efficiency strategies is significant, impacting positively on energy conservation and, in the case of public works, in the reduction of government spending, as well as in the management and efficiency of public administration, with effective economic, environmental and social gains.Item A efetividade jurídica do PNAE: estudo dos anos 2017 a 2019 no estado de Goiás(Universidade Federal de Goiás, 2023-10-27) Gomes, Luciana de Almeida; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Belaidi, Rabah; Dal Bosco, Maria Goretti; Torres, Katya Regina IsaguirreThe objective of this work is to identify the main problems faced in the execution of the Programa Nacional de Alimentação Escolar, in the state of Goiás, with regard to purchase of 30% from family farming. The methodology of participant observation was chosen and used, with a view to enabling this researcher achieve a holistic perspective of the topic under discussion, as well as better understand the challenges encountered in the good execution of the public food policy in question. The PNAE is the oldest public food policy in Brazil and one of the largest school feeding programs in the world. It offers school meals, as well as food and nutrition education actions, to students from all stages of basic education enrolled in public and philanthropic schools and in community entities – in partnership with the government. With the publication of Law No. 11,947/2009, the program became a legal framework for public policies on Food and Nutritional Security (SAN), promoting the Human Right to Adequate Food (DHAA) in the school community, based on inclusion family farmers as food suppliers for the PNAE. In short, the PNAE acts strategically: as a guarantee of adequate food for students and as a vector for the development of family farmers. In the performance of the Program's activities, regarding the technical and operational assistance of the PNAE in the municipalities of Goiás, the work of the Collaborating Center for School Food and Nutrition at the Federal University of Goiás (CECANE UFG) stands out. Based on this perspective, the work was structured in two parts. The first, predominantly dogmatic, in which it is intended, from a historical understanding, to elaborate concepts, contextualize the theme, and thus build the basis of the research. The second, predominantly empirical, consists of the effective treatment of the experience reports obtained (whether by this researcher, through observation and qualified listening, or from the members of CECANE UFG and the social actors involved in the PNAE) and by the analysis of collected documents. From this construction of thought, we sought to examine the legal effectiveness of the Program, detecting the hindrances founds in its good execution.Item Resistências à aplicação da Lei Maria da Penha enquanto política pública - mapeamento exploratório de resistências jurisdicionais ilegítimas e crítica hermenêutica(Universidade Federal de Goiás, 2024-04-03) Gonçalves, Ariane Patrícia; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Miranda, Bartira Macedo de; Souza, Luanna Tomaz deThis is research consisting of exploratory mapping of decisions mitigating the effectiveness of the Maria da Penha Law (LMP). This law is understood as a structuring norm for a broad and articulated public policy to curb domestic and family violence against women, which is made up of several axes. For the purposes of this research, the axis of confronting and combating violence will be the object of analysis, made up of punitive actions and compliance with the Maria da Penha Law, whose implementation is carried out by the Judiciary. The research has an empirical, qualitative and exploratory nature, and its main documentary source is legal proceedings that are being processed in jurisdictional bodies in the state of Goiás. The only time frame is the entry into force of the Maria da Penha Law, on August 7, 2006, as the research is interested in judicial decisions issued at any time during the validity of the aforementioned law, which can be identified as illegitimate resistance to the effectiveness of this specific axis of public policy, in which the following consequences are identified: non-protection of women, non-accountability of perpetrator or situations of secondary victimization. The selection criteria were identified in exploratory reading. To select cases, requests were made to all Domestic and Family Violence Public Prosecutor's Offices in the State and to the Specialized Constitutional Appeals Prosecutor's Office. Furthermore, some cases were mapped by the researcher herself. In total, the exploratory research identifies and analyzes 38 legal cases in which the phenomenon of illegitimate resistance to the full effectiveness of the LMP was outlined. The mapping carried out does not intend to be an exhaustive mapping, since the main objective of the research is to highlight situations of resistance from the judiciary to the LPM, without the intention of quantifying the total amount or frequency of these situations. Once the exploratory mapping was completed, we proceeded to the content analysis of the decisions, focusing on the analysis of the legal rhetoric used (analysis of argumentative strategies), based on the theoretical references of the Hermeneutic Criticism of Law and the Feminist Analysis of Law. The contribution of this research consists of the effective qualitative analysis of the content of decisions, from the perspective of such references, highlighting the reproduction of gender inequalities by the Judiciary, especially in situations of violence against women, and demonstrating, in detail, the illegitimate interpretations in judicial decisions, which resulted in restriction of the protective and responsible effect of the LMP. This mapping, through a critique based on consistent theoretical and dogmatic references, serves to give visibility to these bad jurisdictional practices (constitutionally inadequate decisions), allowing a better understanding and reflection on the effects of the actions of judicial bodies as actors implementing the policy public policy studied, which should act in conjunction and synergy with the objectives of this public policy. In the end, the illegitimate resistance and respective consequences for politics and victims were compiled in a Technical Note. This product will be sent to the institutions of the justice system involved in the judicial processing of domestic and family violence, as well as to associative entities, commissions and forums involved in combating domestic and family violence, for the appropriate and possible measures for eachItem Diagnóstico da gestão dos processos de contratações emergenciais celebradas sob o regime da flexibilização temporária promovida pela Lei nº 13.979/2020 durante a pandemia de covid-19 na Secretaria de Estado da Saúde de Goiás(Universidade Federal de Goiás, 2023-07-24) Hurbano, Paulo André Teixeira; Freitas, Leonardo Buissa; http://lattes.cnpq.br/3766748281418212; Freitas, Leonardo Buissa; Azevedo Neto, Platon Teixeira De; Nóbrega, Marcos Antônio Rios daThe dissertation presents a diagnosis about the management of public emergency contracts in Department of Health of Goiás State during the COVID-19 crisis, negotiated by the regulation of Law nº 13.979/2020. The objective is to investigate the variables of duration (time) of these processes, regularity of their post-award phase and prices of their contracted goods and services. It was verified a possible correlation between the results of these variables and the flexibilities promoted by the temporary and exceptional Law. After testing the research hypotheses, it is examined the control mechanisms used in such processes. The study suggests propositions for the future based on the experiences acquired with the contractual management scenario under an emergency ando flexible legal regime.Item Alerta no controle da gestão pública: perfil de aplicação a partir da experiência do TCE/TO (2019 a 2022)(Universidade Federal de Goiás, 2024-04-09) Macêdo, João Paulo Lândin; Valle, Vanice Regina Lírio do; http://lattes.cnpq.br/3362470177133456; Valle, Vanice Regina Lírio do; Motta, Fabrício Macedo; Willeman, Marianna MontebelloThe object of the research presently designed comprises the investigation regarding the alerts issued by the Court of Auditors based on article 59, §1, of Complementary Law n. 101/2000 (Fiscal Responsibility Law), in light of the institutional practice of control over public management carried out by the TCE-TO (Court of Auditors of the State of Tocantins). The general objective is to categorize the institute under theoreticalconceptual bases and diagnose its incidence in the dynamics of the external control process, especially in view of the institutional reconfiguration of the Courts of Auditors since the Constitution of 1988 and, more recently, the effects aroused by the public calamity resulting from Covid-19. From the perspective of methodological options, a primary theoretical research is undertaken to organize previous knowledge about alerts in the dynamics of the Public Administration’s accounts control. So that, through the objective examination of the legal-normative framework and the review of specialized literature, it is possible to demarcate the conceptual contours and the legal nature of the institute, as well as to understand its functionality in the context of the controlling activity. Nevertheless, the objective of understanding the use of alerts goes beyond the verification of the real conditions of employment of the tool in the operationalization of control, which demands an empirical cut, being structured from the mobilization of documentary data, collected from primary sources, about the alerts issued by the Tocantins Court of Auditors between 2019 and 2022. By combining statistical survey with a qualitative documentary research strategy, it will be possible to examine the informing logic of issuing alerts, the conformity of their scope to the legal nature that emerges from their normative framework conferred by the Fiscal Responsibility Law, as well as to discern their integration within the assessment of government accountsItem Contratações diretas emergenciais realizadas pelo estado de Goiás para enfrentamento da pandemia da covid-19: due diligence como estratégia de governança(Universidade Federal de Goiás, 2023-08-31) Magacho, Bruna Toledo Piza de Carvalho; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Motta, Fabrício Macedo; Silva, Robert Bonifácio da; Niebuhr, Pedro de MenezesIn the midst of the crisis generated by the coronavirus pandemic, measures that simplified and streamlined public procurement became necessary. It was up to the Government to act intelligently in order to contain the spread of the virus and mitigate the effects of its impact on society. To this end, it was crucial to simplify contracting processes, normally carried out via bidding, so that the Administration was equipped with quick instruments that would allow it to have goods and services in the time required to face the pandemic. In this sense, the object of this research was limited to the “procedure for choosing suppliers and the risks arising from this act”. The general objective of the research is to identify the contours of the due diligence that proposes to provide relevant information about suppliers to the contracting bodies, information that can be used not only in the safe selection of suppliers, but also in the identification and treatment of risks, such as fraud and non-performance. contractual, for example, thus allowing the adoption of measures for better execution and close monitoring of the contract; and as specific objectives: a) to assess the possible risks in direct emergency public contracts carried out by the State of Goiás to face the pandemic caused by Covid-19, considering, for this purpose, the risk factors identified on suppliers, according to developed typologies by CGE; b) quantitatively describe the risks materialized in direct emergency public contracts carried out by the Public Administration of the State of Goiás based on the model adopted for the election of contractors; c) test the due diligence procedure retroactively to the direct emergency contracts carried out by the State of Goiás to face Covid-19; d) verify the possible benefits arising from the adoption of due diligence in the selection of suppliers and risk management, notably the risks of fraud, non-performance and withdrawal of the corresponding contracts. In order to achieve the proposed objectives, it was intended to respond to the following problem: could the prior investigation of suppliers contracted directly to combat the Covid pandemic, through due diligence, reduce the risks of fraud, contractual nonperformance and withdrawal in such contracts? To this end, the research tested the following hypothesis: pre-contractual due diligence, when applied to the public sector, proves to be a potentially positive measure, considering the beneficial effects on the choice of suppliers and the management of contractual risks, especially in periods crisis, in which such hiring needs to be even faster and less bureaucratic. As a methodology, a cut was made to restrict the analysis of normative acts and the performance of empirical research in the Executive Branch bodies of the State of Goiás, covering only the direct emergency contracts carried out for the acquisition of goods and services destined to face the health emergency caused by Covid-19. The research falls within the empirical research genre as it involves the systematic collection of data on public procurement and subsequent analysis, with the aim of verifying its possible influence on the improvement of future administrative procedures. As a result, due diligence has a legal basis to serve the management of risks arising from the contract entered into between the supplier and the Public Administration, simply issuing a normative administrative act that regulates its use as a governance tool in public procurement, the option by law being legitimate in order to grant perpetuity to the tool and protection against the discontinuity of administrative decisions considered as government actions.Item Articulação de políticas públicas para inclusão da pessoa com deficiência no trabalho: uma análise da atuação do ministério público do trabalho junto às empresas privadas em Goiânia(Universidade Federal de Goiás, 2024-04-03) Manjela, Dyeire Nayara Garcia; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Carvalho, Silzia Alves; Santos Neto, Arnaldo BastosThis study aims to discuss the effectiveness of public policy articulation for the inclusion of Persons with Disabilities (PwD) in private companies in Goiânia. It presents a historical and conceptual analysis of the right to inclusion, with an emphasis on the inclusion of PwD in the workplace; it exposes the norms for labor protection and inclusion of PwD with the aim of rethinking quotas in the private sector and identifying challenges and possibilities for effective inclusion in private companies; it discusses the role of the Public Ministry of Labor (PML) in Goiânia regarding the main strategies employed for the inclusion of PwD; it addresses the articulation of public policies and institutional design with a view to the implementation of Supported Employment; and presents a proposal for a draft bill aimed at expanding the quota system by hierarchical level, highlighting the importance of representativeness at all hierarchical levels, given the current challenges of the existing quota system. The methodology used in this research was bibliographic and documentary research combined with a case study. The empirical research focused on the analysis of Processes and Procedures at the 18th Regional Prosecutor's Office of the Public Ministry of Labor (2012- 2022) to verify whether, regarding the compliance with quotas, the public policies overseen by the Public Ministry of Labor (PML) have indeed proven effective. It was found that there is a gap between legislative intent and practical effectiveness, such that judicial intervention is often necessary to ensure compliance with quotas. Another finding made clear the preference of companies to hire PwD who presumably require fewer adaptations, evidenced by the fact that most of the hires were of physical PwD, while other types of disabilities had much lower percentages. However, concerning the responses to the identified problems, it is understood that collaborative measures in the implementation phase, such as supported employment, present as promising solutions. The widespread adoption of these practices by all involved agents may lead to significant advancements in the inclusion of PwD in the labor market. In this sense, the draft bill suggested in this work, which proposes the expansion of the quota system by hierarchical level, can greatly contribute. Also, it is important to highlight that institutions belonging to the "S" services have sought to fulfill their role in meeting the demands of companies, offering activities aimed at the professional qualification of people with disabilities and investing in the updating and training of teachers and professionals, thus being committed to expanding and improving actions related to the professional preparation of young and adult people with disabilities and/or rehabilitated by the INSS, increasing their competitiveness and employability, considering the profile of the business sector's demand.Item Desigualdade social no campo: a necropolítica a serviço do capitalismo dependente brasileiro(Universidade Federal de Goiás, 2023-06-03) Nunes, Karolina Dadú; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Paula, Helga Maria Martins de; Tárrega, Maria Cristina Vidotte Blanco; Ferreira, Hugo Luis PenaThis work seeks to analyze interactions between the theory of Latin American dependent capitalism and necropolitics in Brazilian agrarian context. Starting from an analysis of the two theories, we first try to establish how development of capitalism in Brazil took place, from the analyzes of dependent capitalism, revealing how movement of world capitalism influenced the Brazilian productive structure, mainly in agrarian modality, and the reflexes this conjuncture presents in the functioning of the State. After these considerations, we set out to analyze the theory of necropolitics and biopolitics and their application by the State, observing authoritarian and racist history of Brazilian nation's history towards some specific groups, especially those that make up the country's rural environment. In order to carry out these studies, we applied the methodology of bibibliographical review and historical-dialectical materialism, because in order to understand the influence of dependent capitalism on State's action in relation to agrarian conflicts, during Brazilian history and today, it was necessary to observe the role played by groups that make up the field through bias of class struggle and the social formation of the territory. The last part of the work seeks to encompass groups in conflict in countryside, both those that make up agribusiness and traditional communities and workers and relationship that the State has with them, recognizing necropolitics applied to the latter. It is concluded, therefore, in this work that despite universal legal characteristics of the State as protector of both groups, traditional communities and workers are the target of necropolitics that expose them to violence and degrading conditions of existenceItem Amargo ou doce cultivo? uma análise da realidade e das lutas travadas pelas mulheres rurais no Brasil(Universidade Federal de Goiás, 2024-08-12) Otesbelgue, Renata Caetano; Rossito, Flavia Donini; http://lattes.cnpq.br/6736700499041026; Rossito, Flavia Donini; Arruda, Andre Felipe Soares de; Torres, Katya Regina IsaguirreThis work proposes to analyze the struggles of rural women in Brazil, gender issues and equal rights, in the light of Law, as it incorporates much more than contractual regulations, as social justice is among its purposes, considering the laws Brazilian companies, in the effectiveness of this guarantee. From this perspective, we intend to rescue the silenced history of rural women, highlighting their contributions to the population, addressing gender discussions, the lives of these women in capitalist society and the social roles that patriarchy places on them, such as the sexual division of work to exploit their labor and make invisible their fierce subsidy to the right to food in the Brazilian domestic market, as well as their power to generate work through family and agroecological agriculture, so that the holder of capital, man white, straight and rich, accumulate more and more wealth. The present study will use the dialectical historical materialist method to support the research and intends to use the Document Analysis technique, where data on rural women will be collected from various documents such as documentaries, the Sidra/IBGE agricultural sense, among others that are aimed at to answer questions that this work proposes. It is also noteworthy that the data collected will be discussed in a qualitative way, seeking to understand the meaning and relationships expressed. In this way, the theoretical framework that will guide the theme of women and equal rights endorsed in discussions of gender, work, society and action in rural areas will have some authors highlighted, namely Heleieth Saffioti, Silvia Federici, Mary del Priore, Gerda Lerner and Zuleika Alambert, among others, who will guide the chapters of this study. In view of the above, it is hoped that this work breaks with the idea of a feminism with urban roots, as rural women also need to have a voice, in a more egalitarian society under construction.Item ‘‘O risco que corre o pau corre o machado’’: repressão e resistência camponesa em Rondônia, de Corumbiara ao acampamento Tiago Campin dos Santos, um olhar crítico à atuação insuficiente e ineficaz do Poder Judiciário frente a esses conflitos(Universidade Federal de Goiás, 2024-11-12) Paixão, Mariana Gullo; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira , Adegmar José; Moreira, Erika Maced; Souza, Marilsa Miranda deThis master's dissertation aims to address the historical origins, focusing on the Amazon region, more specifically in the state of Rondônia, of the transformation of land into capital and power, appropriated by agrarian elites who hegemonically maintain political, social and economic power. While there is a huge class of impoverished landless peasants who organize themselves in the fight for land, to gain democratic access to it, for those who live and work on it. In this context, the League of Poor Peasants of Rondônia and Western Amazonia (LCP) is researched, from its origins, from the Corumbiara Massacre in 1995, to its current activities, in one of its Camps in Rondônia, the Tiago Campin dos Santos Camp, which was created in 2020 and has resisted to this day. The LCP presents itself as a revolutionary combative movement whose main banner is the Agrarian Revolution and the radical takeover of large estate lands, which will be addressed here, covering fundamental points such as imperialism, bureaucratic capitalism, New Type Revolution and New Democracy. In this sense, we intend to observe the modus operandi of the State in relation to agrarian conflicts and the process of criminalization that is generated from the persecution of these movements that oppose the domains of the country's latifundiary base. The presence of the State as a permanent barrier of violence and its mechanism of converging illegalities into legalities is highlighted. The research also aims to draw a parallel between the repression and resistance that occurred both at the Santa Elina farm, in Corumbiara/RO, and at the Tiago Campin dos Santos Camp, in Porto Velho/RO, and to highlight the role of the Judiciary in these demands, as well as to highlight the presence of the agrarian oligarchies in these exclusion processes. The aim is to demonstrate that the uprising and organization that emanates from the peasantry is an inherent condition for survival, bringing the assumptions of the Right of Resistance and legitimate retaliation when faced with a profound social crisis. Based on the materialist, historical and dialectical methodology, the aim is to answer the following legal problem: what are the mechanisms of repression of the State and the actions of the Judiciary in the face of social movements fighting for land within the conflicts studied here.Item A proteção da biodiversidade frente ao avanço do ecoturismo na comunidade quilombola Kalunga do Engenho II(Universidade Federal de Goiás, 2024-03-05) Pereira, Hansmüller Salomé; Tárrega , Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Solazzi , José Luís; http://lattes.cnpq.br/8633725753223725; Solazzi, José Luís; Marin, Eriberto Francisco Bevilaqua; Silva, Roberto Baptista Dias daEcotourism brings together in its theoretical conception the socioeconomic, ecological, cultural and educational, representing an important instrument for the sustainable development, notably in traditional communities quilombolas, groups historically marginalized and segregated in society. Along this path, the research on screen will reflect on the normative and practical protection of biodiversity in the face of the expansion of ecotourism practiced in the Community Quilombola Kalunga do Engenho II. The scientific responsibility that justifies the carrying out the research focuses on the hypothesis of the necessary adoption of measures legal administrative and public-private actions to fully guarantee protection, conservation and recovery of biodiversity in the ecosystems visited, deontology constitutionally addressed to everyone to guarantee an environmentally friendly ecologically balanced for present and future generations. Walking the route contributory intellectual effort aimed at protecting the diversity of life forms, eco-sustainable use of land, generation and distribution of social justice, development of ecological awareness and realization of rights concerning territoriality and culturality of traditional quilombola peoples, identify, interpreting, understanding and reflecting on ecotourism phenomenology is essential for propose measures and actions to achieve the full protection of biodiversity. Therefore, theory and practice mix in the reflective hermeneutic-exegetic process of scientific construction of this journey, structuring the work into 03 chapters, the first theoretical-epistemological part being about concepts, definitions and regulations related to ecotourism and biodiversity, the second part hermeneutic-ontological with on-site research in Cavalcante/GO and in the Community Quilombola Kalunga do Engenho II to diagnose, observe and record knowledge and ecotourism practices in the village, and the third analytical-dialectical conclusive part with legal-exegetical epistemological and ontological reflections that involve the effectiveness, efficiency and effectiveness of biodiversity protection in the face of the growth of ecotourism, with a final presentation suggesting administrative measures, operational, educational and legal-normative to guarantee the full protection of biological diversity. In the empirical-qualitative methodological approach, interview, questionnaire, oral history recording and observation techniques were used participant to diagnose, mainly, the perception of public authorities and quilombolas on the environmental, cultural and socioeconomic impacts caused by ecotourism. As a theoretical reference, hermeneutics was used exegesis with an emphasis on the multidisciplinary approach alluding to the concepts and definitions that deal with ecotourism and biodiversity, and jus-philosophy for the lessons de Reale (1994), Dworkin (2000), Alexy (2008; 2011), Bobbio (1999) and Canotilho (1983) to interpret the respective regulations on such topics, seeking syncretically understand the phenomenon to propose ecotourism improvements epistemological and ontological, thus realizing a contributory legacy to the present and future generations of the Academy of Legal Sciences and other areas of Knowledge, Kalunga People, Cavalcantense Community and ecotourists from all parts of Brazil and the world.Item 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 BenitezViolence 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.Item Atuação do Poder Judiciário brasileiro nos processos indenizatórios em face do Movimento dos Trabalhadores Rurais Sem Terra em decorrência de ocupação de propriedade rural: a responsabilidade civil diante de um processo de luta pela terra(Universidade Federal de Goiás, 2024-05-20) Santana, Lara Mendonça; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Maia, Cláudio Lopes; Garcia, Bruna PinottiDebates on the agrarian issue and access to land are crucial for the development of democracy, especially when observing Brazil's agrarian structure, which takes care of a space of territorial and social dispute between rural landowners and peasant social movements. In this context, given the complexity of public activism perpetrated by the most relevant social movement in Latin America via the occupation of rural properties, which generates antagonistic opinions in Brazilian society, it is transferred to the assessment of the Judiciary, both in the criminal sphere and in the civil scope, the analysis of the legal consequences of the occupations of rural social movements, through the judicialization of the struggle for land. Among these legal actions are those civil demands proposed by rural owners aiming to apply the institute of civil liability in the face of material damage caused to their rural properties during occupations promoted by the Landless Rural Workers Movement (MST). The analysis of these actions is the proposal of this work, notably in those processes brought against organizations with public registration linked to the MST, under the justification of being an economic group. To this end, through a qualitative approach, an exploratory empirical study was developed through a survey of judicial decisions on processes, digital or digitized and without legal secrecy, filed from 1984 onwards in the Superior Courts, as well as in the Federal Regional Courts and Courts of Justice, both in the second instance, to investigate the reception of such thesis by the Courts, in addition to the proceduralist perspective, individual or collective, applied in the procedural process.Item O racismo na política de drogas e a defesa social na política judiciária: uma análise do discurso das decisões de habeas corpus no Tribunal de Justiça de Goiás(Universidade Federal de Goiás, 2024-03-06) Santos, Ícaro Melo dos; Miranda, Bartira Macedo de; http://lattes.cnpq.br/5889103843439878; Miranda, Bartira Macedo de; Coelho, Saulo de Oliveira Pinto; Ferreira, Carolina CostaThe research investigates the intersection between racism in drug policy and societal defense, using the jurisprudence of the State Court of Goiás as an empirical basis for analysis, within the challenging context of the Covid-19 pandemic. Employing approaches from Critical Discourse Analysis (CDA) and Critical Criminology, the research relies on fundamental concepts such as discourse, power, ideology, and hegemony to identify discursive aspects that perpetuate racism in criminal sciences and influence judicial decisions. Throughout the investigation, discourses of the societal defense ideology persisting in the legal system were identified, utilizing legal institutions such as personal search, inviolability of the domicile, and the agent's dangerousness. These practices are intrinsically linked to an ideology promoting hegemony, necessitating constant critique of the undeclared functions of the penal system. As a result, recommendations were suggested to mitigate and modify identified discursive practices. It is proposed to establish a Permanent Observatory for Analysis of Judicial Decisions to monitor and evaluate the legislation's application based on anti-racism principles, as well as to amend requirements in the professional development of court officials and in leadership and advisory positions within the State Court of Goiás (TJ/GO). Furthermore, altering the objective promotion criteria in the judiciary career is suggested as a means to promote an equitable approach in the judicial system. These recommendations aim not only at identifying and critiquing discriminatory practices but also at implementing concrete measures to promote an anti-racist justice. Within the scope of its objective, the dissertation contributes to understanding the dynamics between racism, drug policy, and the justice system, providing insights for the formulation of anti-racist public policies and judicial practices.