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A atuação das organizações sociais de saúde nos hospitais de campanha dentro da política pública de saúde: um estudo no caso do estado de Goiás no contexto da pandemia da covid-19
(Universidade Federal de Goiás, 2023-05-16) Valle, Anna Carolina Miranda Bastos do; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Costa, Andréa Abrahão; Valle, Vanice Regina Lírio do; Bitencourt, Caroline Muller
This research has the scope of investigating public hospital health policy based on management contracts with social health organizations in Goiás, focusing on the role of control bodies in monitoring and evaluating this public policy in the context of the covid-19 pandemic. 19. The universe of study is delimited in the analysis of the state hospital management within the scope of the Department of Health of the State of Goiás. The sample selected for the investigation is equivalent to the emergency management contracts carried out with social organizations for the management of field hospitals for the care of patients with covid-19. The theoretical framework for organizing this research is the Law and Public Policy Approach and the methodology adopted was bibliographic research and documentary research. The analysis method is presented through the deductive method. An analysis of federal legislation, national jurisprudence and state legislation was carried out to, together with the construction of the reference framework for public hospital management policy through social organizations in Goiás, raise the necessary legal subsidies to carry out the diagnosis. This was carried out in 3 (three) stages through qualitative research, of a descriptive nature, using the documentary approach. The first stage analyzes the scenario of the covid-19 pandemic in the State of Goiás and the related legislation. The second stage includes the diagnosis of SES' performance in the process of monitoring and evaluating management contracts during the covid-19 pandemic through the analysis of the items: (i) qualification; (ii) general information; (iii) financial and (iv) accountability. The third stage includes the analysis of the performance of the State Comptroller General (CGE), the Goiás Agency for Regulation, Control and Inspection of Public Services (AGR), the State Court of Auditors (TCE), the Legislative Assembly (ALEGO), of the Excellence Council of Public Hospital Units Managed by Social Health Organizations and the State Health Council in monitoring and evaluating the management contracts signed with OSS in Goiás for field hospitals in the years 2020 and 2021. At the end, it is necessary to structure the governance of the aforementioned public policy in order to have a coordinated action between the actors that compose the legal-institutional design, the broad evaluation of the public policy and not only the punctual monitoring of the management contracts, greater popular participation and social control, reformulation of procedures to avoid payments for estimates, verification of integrity programs, active internal control, external control of public policy and the realization of the fundamental social right of health for the population.
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 Castro
University 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 policy
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 Isaguirre
The 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.
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 Resende
This 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.
A mulher na luta pela terra: da expropriação à subversão
(Universidade Federal de Goiás, 2022-08-26) Rego, Julyana Macedo; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda; Arruda, André Felipe Soares de; Tárrega, Maria Cristina Vidotte Blanco; Martins, Carla Benitez
Violence is not a phenomenon that can be explained unilaterally, dissociated from the analysis of gender, race and class categories, given the consubstantiality of relationships. In view of this, the present work proposes to analyze the violence suffered by rural women in the process of resistance to land expropriation. This is because, according to data from the Conflitos no Campo Brasil 2018 dossier, between 2009 and 2018, 1,409 cases of violence against women were recorded in the context of the struggle for land, demonstrating the urgency of the present analysis, in particular, in view of underreporting. . To achieve the proposed objective, the method of bibliographic review was adopted, based on the study of specialized works on the subject. In another turn, in order to give an empirical character to the research, official data were inserted that deal with the difficulty of access to land, as well as the violence perpetrated on these subjects, when practicing acts of resistance and confrontation with the established order. It is also worth noting that it was a political and academic option to adopt a feminist and Marxist theoretical framework, one because science sometimes ignores women's production and, two, because a work on women, done by a woman, it would prove to be - at the very least - incoherent if it had as a reference the theories conceived by men. It does not mean, however, that, at times, works/theories written by men were not consulted, but this was done in a minority way. Regarding the way of writing, to facilitate understanding, the work is structured in three sections. In the first one, an approach was made about the feminist movement, which, in addition to the character of a social movement, constitutes a critical theory of white, Eurocentric, misogynistic and patriarchal science. Subsequently, it was explained about the Feminist Theory of Law and its impact on this extremely conservative field and, afterwards, it was possible to deal with the system of oppression and domination of women, focusing on the biological analysis and the sexual and racial division of the job. In the second section, the process of land expropriation was explained, arising, above all, with capitalism, denouncing, even, the emergence of the very concept of private property. To this end, it was demonstrated that, for the functioning of capitalism, it was necessary for rural workers to leave their lands, to work in the factory model, in an urban area. But to force them to do so, it was necessary to break the idea of the common good, giving rise to enclosures. Afterwards, it was demonstrated that this process has specific characteristics when it comes to women, and, to prove it, an analysis was made of women's rights in the country, in particular, regarding the capacity theory and its implications regarding to the acquisition of the property. Afterwards, it was shown that, strained by the pressure of the feminist movement, the Brazilian Judiciary has - albeit in a very inaugural way - recognize gender violence, when analyzing concrete cases. Having traversed this path, it was possible to reach the third section and, in it, the rural women's movement in Brazil was addressed, focusing on the emergence of the so-called peasant feminism. Subsequently, data were brought about the violence perpetrated on female subjects during the struggle for land. In the end, it was possible to conclude that violence against rural women is a serious phenomenon and intentionally ignored by the State, which does so, it should be noted, in order to maintain the status quo that privileges the Brazilian agrarian elite.
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 da
Ecotourism 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.
Administração pública, conflito e arbitragem: política pública de acesso extrajudicial à justiça
(Universidade Federal de Goiás, 2019-08-12) Natal, Miccael Pardinho; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Vasconcelos, Antônio Gomes de; Vieira, Lucas Bevilácqua Cabianca
This research lends itself to investigate the phenomenon of arbitration within the Public Administration. In this sense, it begins by studying the so-called consensus management paradigm, in which the state opens itself to the consensual solution of conflicts. It also focuses on the general study of arbitration, exploring its character, at the same time, contractual and jurisdictional, identifying its elements and pointing to how they come to be conceived when the Public Administration participates in the process, either as a party, or in the position of arbiter. A conflict analysis is made, indicating, from game theory, how in the arbitral process the conflicting parties can behave cooperatively, even though they occupy opposite poles. Then, using a functional analysis of the law aimed at a legal study of public policies, is investigate how arbitration can function as a public policy of access to justice, having instrumental (media) and teleological (end) content characteristic of a public policy. There is a qualitative research, with a bibliographic documentary approach, for the development of the theoretical questions, with the aid of case study. It also uses the dialectical-argumentative method, taking advantage of elements of the rhetorical study of law. As for the theoretical references, the research uses post-positivism, philosophical hermeneutics, the functionalist approach to law and game theory applied to conflicts.
A agricultura familiar brasileira e o pronaf: apontamentos para a construção de um objeto jurídico
(Universidade Federal de Goiás, 2013-03-08) Ratke, Bruna Nogueira Almeida; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Belaidi, Rabah; Maia, Claudio Lopes; Trentini, Flávia
This paper aims at analyzing the legal proceedings that gave rise to the acknowledgment of family agriculture as subject of rights and object of public policies by establishing thematic approaches with the purpose of seeking conclusions involving public policies and family agriculture. Firstly, there is a definition of limits regarding the historical milestone of debates encompassing the family farmer as responsible for a new project of rural development and the main factors that gave rise to their social and political emancipation. Pronafwas chosen in order to obtain a more detailed analysis of guidelines, principles, credit lines, target public, legal institutes of materialization and critical analysis due to the fact that it is the first and main public policy intended to this category. Thereafter, the importance of the public policy legal study is focused, mainly agrarian policies. The justifications that gave rise to the enactment of Law N. 11.326/2006 were presented establishing guidelines to the elaboration of the National Policy of Family Agriculture and Rural Family Ventures delimitating the concept of family farmer. The importance of the identification and delimitation of family agriculture was outlined as well. It is demonstrated that family agriculture builds its social emancipation historical process in the face of a project to overcome traditional unequal and unfair relationships through pluralistic, democratic and participative practices, transforming law into a social transformation tool and promoting dignity of the family unit itself by demanding new normative standards and effective public policies in order to include them as emerging subjects.
Agroecologia sob a visão do direito: estudo do manejo da rochagem como demonstração de que a agroecologia é instrumento de direito à alimentação e de preservação da vida
(Universidade Federal de Goiás, 2015-03-18) Assis, Luana Bispo de; Rocha, Eduardo Gonçalves; http://lattes.cnpq.br/4663157234421208; Rocha , Eduardo Gonçalves; Monego , Estelamaris Tronco; Pinheiro , Douglas Antônio
This study aims to reflect on the theme of agroecology from the perspective of law, its relation with nature and with the paradigm of modernity with the expectation that its principles and practices can be understood as a viable solution to the situation of food (in)security in Brazil. Such an approach is important because Law is a principles based commitment to the future, keeping good faith toward past. This commitment has been developed historically, and signed by society, to strengthen the building of a food system that protects life and collaborates to the implementation of healthier future production systems. This commitment is essential and should result in right to food fundaments. These concepts challenge the the Brazilian development model, based on natural resources concentration, labor exploitation, cultural domination, monoculture export, nature depletion and large land areas. The problem treated here is basically the analysis of man as part of nature in a way that, from this perspective, agroecology can be seen as an instrument of right. At this point agroecology under the right look can be understood as rupture of the dominant model what allows to emerge the possibility of building a new paradigm, based on local knowledge, healthy food, lower nature degradation and appreciation of the man from the field. This work aims to analyze the food production model, from an interdisciplinary perspective and fom Law theory, using stonemeal technology as a demonstration parameter of agroecology as an instrument of right to food and to life preservation!
Aguydjeweté- racismo estrutural perpetrado aos povos indígenas pelo estado brasileiro: a nova estratégia do marco temporal
(Universidade Federal de Goiás, 2023-02-27) Ebeidalla, Fatahala Sampaio; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796 Link do orcid (se houver): https://orcid.org/0000-000; Arruda, André Felipe Soares de; Lacerda, Rosane Freire; Maia, Cláudio Lopes
Since colonization, the Brazilian state has, via the coloniality of power, organized an institutional structure aimed at maintaining racial privileges for the dominant classes. Enabling them, the right to private property, the appropriation of land, to the detriment of the denial of the original right of indigenous peoples for their territories, their territorialities and their way of life. As a result, the original peoples who were here, with an ancestry of thousands of years, witnessed over these five centuries the usurpation of their territories, the deprivation and attempt to cover up their cultures and the denial of their identity. Furthermore, to enable the realization of this “white” property right, indigenous peoples have historically been the target of exterminations and genocides, and continue to be subjected, to this day, to the same structural racism imposed by the segregating system contained in institutions and institutions. individuals who compose it. The present research consists of the analysis of the structural racism perpetrated by the Brazilian State against the Indigenous Peoples, throughout the historical process, culminating recently with the Temporal Framework Thesis of the indigenous lands, which tries to link the date of October 5, 1988, that is , of its enactment, as a framework for proving ownership or right to land by indigenous populations. In this context, representatives of world capitalist sectors linked to the ruralist caucus of the National Congress-CN, of agribusiness and mining, legally try, through this thesis, to make the demarcation of their lands unfeasible or relativize to indigenous peoples. Thus, making it impossible to demarcate and recognize their territories and, consequently, to enforce their original rights, which are constitutionally guaranteed from 1988 onwards. As a main hypothesis, this research proposes the analysis that: the most recent strategy of the Brazilian State in the implementation of structural racism, stimulated and expressed by the various hegemonic capitalist sectors present in the world and Brazilian state structure, acting via racialization, to maintain the Eurocentric and white property right. It will also be the main hypothesis to be analyzed: The possibility that the strategies in progress, and those outlined in the Brazilian State, to put into effect the thesis of the temporal framework, are generating an ecocide in the Amazon Biome, causing a mega-extinction of species, loss of biodiversity and destruction of an extremely important biome for the maintenance of life on the planet, which, in addition to making the possibility of survival of the Indigenous Peoples, which still remain in our country, impossible, also makes the conservation of important ecosystems impossible for the survival of present and future generations.
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 Montebello
The 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 accounts
Alimentação, prisão e pena: a manutenção de vidas à custa da própria substância do indivíduo
(Universidade Federal de Goiás, 2018-09-24) Dunck, José Augusto Magni; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Rocha, Eduardo Gonçalves; http://lattes.cnpq.br/4663157234421208; Rocha, Eduardo Gonçalves; Bizzotto, Alexandre; Solazzi, José Luís
The assumption is that Agrarian Law encompasses the relation of human beings to one another and to the environment in which they survive. Not only is the relationship between human beings and the environment covered by Agrarian Law, but also the relation of social groups to one another and the environment, culture, political organization, history, economics, geography and ethnicity groups. It is not possible to think about Agrarian Law without thinking about the existence of human, economic and environmental diversity, about the different ways of understanding life. Therefore, it is intended to analyze the systematic denial of the realization of the right to adequate food for people in a state of deprivation of liberty based on this assumption. Despite the high productivity of foodstuffs and the large amount of water in Brazil, several factors hamper universal access to food and water, a situation that worsens within the prison system. The state of inadequate nutrition in the prison system is diagnosed based on the conclusions of reports of inspections of the Brazilian prison units carried out by members of the Executive, Judiciary and Legislative Branch. It discusses the real function of imprisonment in the country, from colonization to contemporaneity, and the role of racial practices in the prison system that legitimize the systematic denial of adequate food, which constitutes the punishment inherent in prison- sentence. Finally, field research is carried out with prisoners and persons deprived of their liberty in prison, in order to assess the experience of these individuals with food in the prison units in the Prison Complex in Aparecida de Goiânia - Goiás and to understand the world of food in the prison, in the insofar as it is subjectively lived by these people.
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 Isaguirre
This 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.
Uma análise acerca da possibilidade de dedução do passivo ambiental nos casos de desapropriação para reforma agrária
(Universidade Federal de Goiás, 2017-03-28) Machado, Anna Maria Nunes; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Rocha, Eduardo Gonçalves; Araújo, Luciane Martins de; Belaidi, Rabah
Esta tesis de Maestría en Derecho Agrario se desarrolló con el objetivo de discutir la posibilidad de descuento del valor de la responsabilidad ambiental del valor de la indemnización en caso de expropiación para la reforma agraria como una alternativa legal a las cuestiones ambientales en la creación y aplicación de los asentamientos rurales, antes obstáculos que enfrentan en la práctica para su realización en condiciones que garanticen la protección de los recursos naturales en las áreas renovadas. Por lo tanto, se discuten las acciones institucionales de la principal agencia de ejecución de la reforma agraria en Brasil, así como las políticas públicas adoptadas en el sector, además de diferentes posiciones suscritos por el Instituto de Colonização e Reforma Agrária, Tribunal de Contas da União, Tribunal Regional Federal da Primeira Região y Superior Tribunal de Justiça, a partir del estudio de los conceptos de responsabilidad ambiental y la obligación propter rem. Por último, el objetivo es informar a la reflexión sobre el papel del intérprete y aplicador del derecho representado por la figura de la justicia del Brasil con respecto a la dimensión política de la cuestión agraria en el país.
Análise da política pública de justiça restaurativa desenvolvida no centro de atividade restaurativa (CEJUR) em Goiânia
(Universidade Federal de Goiás, 2022-08-18) Lima, Lucilia de; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Silva, Juvêncio Borges; Tavares Neto, José Querino
This research has as its object of study the Judicial Public Policy of Restorative Justice implemented at the Centro de Atividade Restaurativa de Goiânia, from 2017 to 2021, an initiative of the Judiciary of the state of Goiás, which took place with the Decree nº 1.346, of June 12, 2017, based on the Resolution nº 225, of May 31, 2016, of the National Council of Justice, which provides for the National Judicial Public Policy on Restorative Justice, defined, in its preamble, as a policy of access to justice, through a consensual approach to conflict resolution, providing participation for those involved in conflicts and violence, in the search for reparation and restoration of damages as far as possible. Therefore, it is proposed to present a diagnosis regarding its implementation, referring to the question: how is the fulfillment of the Public Policy of Restorative Justice in Centro de Atividade Restaurativa in Goiânia? Throughout the understanding of this problem, the path developed starts from the theoretical survey on Restorative Justice in its history, its values and its principles. The discussion concerning the retributive and restorative paradigms points out the differences between the punitive system and the new restorative proposal. The legal framework and implementation in Brazil as Public Policy are presented. In a second moment, Law and Public Policies are approached, with the aim of presenting as a product a legal-institutional diagnosis of the program in question. It should be highlighted that the empirical method guides the study, of an exploratory-descriptive non-casual nature, in which documentary and bibliographic research will be carried out, of a qualitative and quantitative nature, and comprises the application of the Law and Public Policy Approach in the production of legal and institutional diagnosis. It is aimed to survey the profile and satisfaction of beneficiaries, according to the following hypotheses: following its implementation, the program has promoted greater participation of those involved in conflicts and violence, and it has developed adequate environment for safe procedures for care in restorative justice in accordance with Decree nº 1.346, which establishes it. According to the premises above, it is concluded that in Centro de Atividade Restaurativa, the restorative justice policy was implemented, which has provided the participation of the beneficiaries; takes place in an adequate and safe environment; and presents an expansion plan. However, it lacks the construction of an evaluation and monitoring plan that allows this expansion and measurement of the results of actions already in progress, which results in effectiveness and efficiency for the improvement of the implemented program, which is still incipient.
Análise jurídico-constitucional da política de reforma agrária de mercado no Brasil - a luta dos movimentos sociais pela democratização da terra
(Universidade Federal de Goiás, 2021-02-23) Oliveira, Igor Gabriel Reis de; Solazzi, José Luís; http://lattes.cnpq.br/8633725753223725; Moi, Fernanda de Paula Ferreira; Arruda, André Felipe Soares de; Solazzi, José Luís
This dissertation aims to analyze the Agrarian Market Reform policy implemented in Brazil by the World Bank in partnership with the Brazilian State, throughout the 1990s, which consisted of the formulation of programs such as Banco da Terra and Cédula da Terra, aimed at land financing by farm workers. The general objective of this research is to analyze the institute of Agrarian Market Reform in order to understand the land problems related to this policy, in order to make a diagnosis if this policy resulted in the reduction of poverty in the countryside, or if there is a methodological incongruence in this World Bank agricultural policy implemented in Brazil. The text is organized in three chapters. The first chapter delimits to discuss the history of Brazilian territorial formation, conceptual aspects of agrarian law and the Agrarian Reform model by expropriation. Chapter two discusses the Agrarian Market Reform Model implemented in Brazil, for this purpose it seeks to understand the history and policies of Agriculture and Rural Development of the World Bank (BM) and the neoliberal policy in the field implemented in the governments of Fernando Henrique Cardoso, of in order to unravel the main points of the neoliberal programs Cédula da Terra and Banco da Terra, implemented with the argument of inserting rural people in the market and in the reproduction of capital. The third chapter presents the position of the social movements fighting for land, before the neoliberal policies that were implemented in an attempt to replace the Agrarian Reform model by expropriation and, finally, presents the legacy of this implemented Agrarian Reform model, an evaluation of the results of these programs that move the discussions that prevail to the present day around the theme, mainly in the recurring indebtedness of the beneficiaries of these policies.
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 Schneider
The 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.
Aplicação do princípio jurídico da precaução no processo administrativo de liberação dos cultivares e dos transgênicos LL62 e GM Embrapa 5.1
(Universidade Federal de Goiás, 2012-02-27) SOUSA, Narliane Alves de Souza e; SANTOS, Nivaldo dos; http://lattes.cnpq.br/3359203015249134
The current panorama experienced by society, from the perspective of genetic improvement, especially the vegetables, attracts the questioning about application of legal principle of precaution, this due to scientific uncertainty of possible damage that they may trigger on long term. Thus, due to changes in environmental conditions and effect of necessary human health by use of biotechnology has brought the principal object of this work is to analyze the precautionary principle and the process of releasing plants genetically altered and improved, in particular of cultivars and of transgenic crops under the legal perspective. Because two processes were analyzed for release of genetically modified organisms, which are the "rice LL62" Bayer and the bean "GM Embrapa 5.1" of Embrapa, being that the first is an application of experiment and the second a request for marketing. Noting that both the studies of genetic improvement and the protection of the environment are guarded by the Federal Constitution of 1988. Also, due the questions in the legal field study examined whether the Commission's release process Tecnic National de Biossegurança CTNBio follows the fulfilment of the minimum specifications required by the precautionary principle and whether they are sufficient to ensure food safety and to avoid possible irreversible degradation of the environment. Social and legal context, remaining evidenced differences polemics in relation to the said applications for the release and the precautionary principle, which encounters a single technological challenge to be respected. Thus, the Judiciary, under the Constitutional vision, the environment and administrative nature, should grant the scientific advancement with the fulfilment of minimum requirements for these releases or require the fulfilment of bureaucracy hailed by society?
Aquisição de imóveis rurais por estrangeiros e os efeitos do land grabbing no Brasil: uma análise legal e jurisprudencial no período de 2012 a 2023
(Universidade Federal de Goiás, 2023-08-29) Faria, Paulo Henrique; Marin, Eriberto Francisco Beviláqua; http://lattes.cnpq.br/9078134881548192; Marin, Eriberto Francisco Beviláqua; Arruda, André Felipe Soares de; Silva, Arício Vieira da
The Constitution of the Republic of 1988, with regard to the acquisition of rural properties by foreigners and similar, took care to establish the differentiation of legal treatment between national and foreign natural and legal persons, at different times, in order to guarantee, for example, the sovereignty over its territory, in order to privilege people, capital and Brazilian products, with the aim of guaranteeing national development, in addition to promoting the construction of a free, fair and solidary society, aiming to eradicate poverty, marginalization and pursue the objective of reducing inequalities. In this vein, a study was proposed on the differences established between foreigners and nationals, originally by the aforementioned Constitution and, subsequently, by supervening laws and normative regulations. By means of a hypothetical-deductive methodological approach, the starting point was the analysis of the general standardization on the subject for a specific proposal. At first, the process of Brazilian territorial formation was investigated, especially linked to the construction of agrarian law in Brazil. The effects of the land grabbing phenomenon in several countries around the world were unveiled, in order to understand the possible current effects of this phenomenon in Brazil, especially in the federal legislative scope. Once the guiding assumptions on the infraconstitutional laws were fixed, the respective normative instruments issued by the federal control bodies on such transactions involving foreign capital were analyzed. For purposes of temporal delimitation, although the normative exposition was complete, it was decided to shed more light on the changes that occurred between the years 2012 and 2023. due to the changes brought by Laws nº 13.097/2015 and 13.986/2020 in Laws nº 5.709/1971 and 6.634/1979. The temporal delimitation was still useful to position the reader about the most recent judicial positions on the subject of acquisition of rural properties by foreigners and similar, notably in the historical period after the edition of Opinion nº LA-01, of August 19, 2010. 17 (seventeen) cases decided by Brazilian Courts were selected. In terms of spatial limitation, we chose to select cases from the Courts of Justice of the States of São Paulo and Goiás, Federal Regional Courts of the 3rd, 4th and 5th Regions, the Superior Court of Justice and the Federal Supreme Court. The new configurations of land and capital that emerged from 2012 to 2023 were investigated, from a legal-legislative perspective, whether in legal analysis or in jurisprudential analysis. In this perspective, in the end, the exposition of the capillarity of land grabbing in Brazil was carried out from a critical perspective, to note the effects of such changes in Brazilian legislation. It was noticed that the easing of Brazilian legislation on the acquisition of land by foreigners, evidences a deepening of the process of financialization of land in Brazil and an extension of the phenomenon of land grabbing at the federal legislative level, in the analyzed period. With regard to the jurisprudential analysis, the results found were also exposed at the end.
A aquisição de terras por estrangeiros como um fator de (in)segurança nacional e conflitos agrários no Brasil
(Universidade Federal de Goiás, 2021-09-29) Monteiro, Jéssica Silva; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Maia, Cláudio Lopes; Treccani, Girolamo Domenico; Costa, Alexandre Bernardino
This work proposes a debate about the acquisition of lands by foreigners in Brazil in the field of Law. Of a theoretical nature, this research aims to identify, through the technique of document analysis, the problems related to that type of operation found in the records of the CPI Venda de Terras, in order to indicate its overcoming or permanence after the validity of the legal regime aimed at thematic. In order to carry out the proposed reflection, the first part of the work elaborates an approach to the restriction of land acquisition by foreigners in Brazil as a historical and legal process. In a second moment, the normative status of the legal framework of the matter is examined after the institution of that legal regime until the present day. Finally, the third section of the work is aimed at the theoretical debate on the acquisition of land by foreigners in Brazil, relating it to the financialization of the land market through the transformation of land into a financial asset. It is concluded, in the present work, that the land speculation promoted in face of the expectation of the sale of lands to foreigners, as in 1967, however under new configurations, constitutes the central problem of the deregulation of the referred matter.

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