Programa de Pós-graduação em Direito Agrário
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Item Função contramajoritária do Supremo Tribunal Federal na proteção dos elementos culturais imateriais dos povos indígenas(Universidade Federal de Goiás, 2023-05-03) Caixeta, Marília Araújo; Fontenele, Alysson Maia; http://lattes.cnpq.br/5916938811645981; Fontenele, Alysson Maia; Munhoz Caleiro, Manuel; Silva, Liana Amin Lima daThe theme of the dissertation promotes a reflection on the role of the judiciary in protecting the intangible cultural rights of indigenous peoples, understood as a subjective cultural space that demands attention for its perpetuation over time. Thus, the research problem is whether there is a power-duty of the countermajoritarian role in protecting the cultural rights of indigenous peoples. In turn, the hypothesis resists in the affirmation that there is a function in the Federal Constitution, at the same time that this function can be a remedial mechanism for the violence suffered by native peoples. The general objective is to penetrate this subjective cultural space in modern legal dogmatics and to value it. In view of these needs, the research supports the basic theories and thoughts built by Peter Haberle and Boaventura de Souza Santos, in order to try to make a paradigmatic transition of the current judicial system, so that it reaches legal pluralism and effectiveness of the diversity of rights that are affirmed. The method used is the hypothetical-deductive, using bibliographic technique and comparative analysis of judicial decisions. Finally, the research shows the importance of rethinking the role of countermajoritarianism by expanding the interpretation of the constitutional norm beyond state institutions, because for the legitimacy of the Democratic State of Law it is necessary to insert other more democratic interpretations. The broadening of the interpretation allows the re-signification of law, as an autonomous social field, for social transformation, since the current judicial system, rooted in hegemonic western assumptions that need to be brokenItem 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 Poder municipal e direito agrário: alcance do poder normativo municipal para regulação de atividades agrárias implicadas na tutela do desenvolvimento local sustentável(Universidade Federal de Goiás, 2012-12-04) Morais, Rafaela Pereira; Melo, Luiz Carlos Figueira de; http://lattes.cnpq.br/9459320248524669; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Marin, Eriberto Francisco Beviláqua; Carvalho, Luciani Coimbra deThis paper develops research on the scope and limits of Municipal Power in the regulation of agricultural activities in an attempt to demonstrate the relationship between the municipal powers outlined in the 1988 Federal Constitution, the system of government adopted in Brazil after the promulgation of this Constitution, constitutionalism and the relationship between the Agrarian Law, Environmental Law and Sustainable Development. The proposal is a (re) interpretation of the constitutional model of assignments skills with a focus on crosscutting and interdisciplinary social issues present in the body of the 1988 Constitution. Changing the concept of federalism, from its creation to the contemporary era, as is demonstrated through founding the (re) interpretation of the constitutional model described. Resulting from this new conception of federalism, are also altered concepts as democracy, citizenship, rule of law (for Rule of Law) and Fundamental Rights. From these premises, with the inclusion of the principle of human dignity as the foundation of the Federal Republic of Brazil is advocating that the city, as federal entity closest to the citizen, is the main entity capable of effecting sustainable local development, ensuring quality of life for present and future generations.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 Mineração e territorialidades indígenas: pandemia e contradição estatal(Universidade Federal de Goiás, 2023-03-07) Sebastião, Joana Gabriela Diniz; Caleiro, Manuel Munhoz; http://lattes.cnpq.br/5142709078738401; Caleiro, Manuel Munhoz; Arruda, André Felipe Soares de; Colman, Rosa SebastianaMining is an extractive activity with a high capacity for decimating nature. In turn, it is one of the economic activities that is part of the list of developmental and neoliberal policies exercised since the early 1980s in Brazil, but has a history of compromising the well-being of nature and traditional populations, such as indigenous peoples, since the European colonization of the American continent. The genocide in the face of indigenous peoples was not stopped with the advent of capitalism, it only transformed the already existing colonization. The catastrophe of the junction between State, capital and mining is once again perceptible, when the new coronavirus pandemic spreads across planet Earth, and the decimation of indigenous populations and nature remains, by Decree no 10.282/2020, when it became the mining as an essential activity, in the midst of the chaos that was putting the lives of the entire Brazilian population at risk, but the danger suffered by indigenous peoples with the state’s failure to take political decisions during the critical period of the pandemic stands out. Thus, in this dissertation, the hypothesis of the contradiction between the reality of indigenous peoples and their territoriality living in constant threat is raised, in view of the provisions of articles 231 and 232 of the Federal Constitution, and the propulsion of mining in indigenous territories, taking advantage of the pandemic by COVID-19. The general objective was to evaluate the state contradiction in the face of the developmental policy unfolded in Brazil, and the protection and demarcation of indigenous territories, in the face of the social and economic dynamics of neoliberalism, during the pandemic. With that, the specific objectives are to describe mining in Latin America, understanding the socio-environmental and economic context and the territorial organization, as it is reflected in the present day; verify the effects of the pandemic on capitalism and indigenous populations in Brazil; finally, verify the contradictions of the State between protecting indigenous territories and promoting mining. The methodology of approach used is the historical and dialectic materialism, with a methodology of procedure of bibliographic research, audiovisual and collection of data in the state autarchies. The conclusion was that the state contradiction became more flagrant in the face of the pandemic, by defining mining as essential for the Brazilian population, even if its action processes provoke agrarian conflict, death by intoxication, the destruction of nature and compromise the well-being of indigenous peoples.Item Crimes agrários e da proteção estatal do campesino no Brasil: da (in)aplicabilidade da teoria do domínio do fato na punição dos mandantes de homicídios no meio rural(Universidade Federal de Goiás, 2024-03-12) Souza, Cristiano de Freitas; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Rosero, Álvaro Maurício Chamorro; Chagas, Afonso Maria dasIn Brazil, there are several conflicts over possession and ownership of land, which are presented for the occurrence of crimes, among them, homicide committed against people living in rural areas, when the action comes from the order of a principal to commit the crime. In this sense, the objective was to analyze the rules related to the competition of people described in art. 29, of the Penal Code, verifying whether they are sufficient to prevent and reprove criminal injustice, as well as the possibility of applying the theory of mastery of the fact in cases of “pistoling” or “mercenary homicide” in the field. In this context, it has become relevant to know the historical factors behind the formation of agrarian property and its effects today, and whether or not these facts are contributory elements to the existence of various disputes over areas, in addition to the occurrence of crimes due to issues related to Earth. Furthermore, the intention was to verify whether the characterization of the peasant as an enemy is an instrument for maintaining the dominant elite and dominating the excluded as a strategy of capital. In this sense, emblematic cases that occurred on national soil and current data on violence in the field of the Pastoral Land Commission, specifically those referring to the period from 2017 to 2022, prove the thematic relevance of this study, as the intention is to create alternatives to reduce criminal offenses in the agricultural sphere and, consequently, preserve lives, through a regulatory system that aligns criminal norms with effective public policies on access to land, which can lead to a reduction in homicides. It is observed that when the figure of the “land-invading enemy” was created, the consequence was his elimination from the “good society”, the loss of citizenship, privileging the interests of landowners and rural entrepreneurs. And, within the scope of criminal law effectiveness, it was noted that there are several theories about the concurrence of people, without, however, resolving the problem of indirect authorship. And, added to this, the theory of mastery of fact cannot be used in all cases of mediate authorship; as well as the lack of consensus in the jurisprudence of the Superior Court of Justice on the possibility of applying the qualifier of art. 121, § 2o, I, of the Penal Code, to the principal, and the ineffectiveness of the Jury Court procedure, demonstrate the need to change the Penal Code, to objectively provide for the rules on indirect authorship, and the Criminal Procedure Code, to improve the judgment of crimes of manslaughter in rural areasItem Proteção jurídica das práticas e territorialidades específicas das comunidades ayahuasqueiras(Universidade Federal de Goiás, 2023-04-25) Teles, Marcus Vinícius Santana; Dantas, Fernando Antônio de Carvalho; http://lattes.cnpq.br/4265365823959236; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Souza Filho, Carlos Frederico Marés de; Irigaray, Carlos Teodoro José HugueneyAyahuasca is a sacred drink used in a ritual way since time immemorial by the native Amazonian and Andean peoples. In Brazil, during the 20th century, the ritual use of ayahuasca increased among non-indigenous peoples, culminating in syncretic religions that later expanded beyond the Amazonian territory, including internationally. The relationship of these subjects with ayahuasca and consequently with the territory/nature is guided by ancestry and spirituality, that is, a conception that Nature is sacred, materialized through a harmonious relationship with Nature. That is, the specific practices and territorialities of the ayahuasca communities are not guided solely by a marketing relationship with the territory. These specific practices and territorialities are part of Brazilian culture, with their protection guaranteed by CRFB/88, which explicitly recognizes the plurality of Brazilian culture and within the scope of international protection and human rights, primarily by Convention 169 of the ILO. For these reasons, through the legal-sociological aspect, studying the legal phenomenon in the social environment and using deductive/inductive reasoning. We carried out a bibliographical review and a qualitative analysis of the specific practices and territorialities of the ayahuasca communities and their consequent spiritual relationship with the land /Nature. To conclude that territory and culture are inseparable. Therefore, the protection of ayahuasca practices is essential to guarantee and protect the territory and, consequently, the cultural heritage and identity of different subjects and communities. In addition, as these subjects promote movements in defense of their territorialities, they create a plural right of a counter-hegemonic character based on the preservation of Nature, on the consideration of individualism and the notions of private property.