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Avaliação de eficiência do Programa Nacional de Habitação Urbana no combate ao déficit habitacional em Goiânia no período compreendido entre 2009 e 2019
(Universidade Federal de Goiás, 2022-02-17) Abrão, Frederico Leão; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Costa, Andréa Abrahão; Motta, Fabrício Macedo; Amaral, Cláudia Tannus Gurgel do
The research objective of this dissertation is the evaluation of the efficiency of the National Urban Housing Program (NUHP) in the fight against the housing deficit in Goiânia between 2009 and 2019. Through bibliographic and documentary analysis, the first chapter addresses the evolution of the concept of the right to housing at the international level, the process that led to its constitutionalization in Brazil and the Minha Casa, Minha Vida Program. Are presented the legal contours of this public policy, as subprograms, service groups, funding sources, applied methodology, guidelines and requirements related to the projects to be developed. Then, it enters the Brazilian housing scenario through the concepts and methods officially used to measure the shortage and stock of housing in the country, being demonstrated in tables and graphs, prepared based on data obtained from secondary sources, the characteristics of the housing deficit in Brazil and Goiânia. The second chapter also provides information related to sectorial indicators and the housing production of the NUHP in Goiânia and its metropolitan region, such as the number of housing units delivered, amounts invested and the location of projects aimed at families with a monthly income of up to 03 (three) minimum wage, which represent more than 90% of the total local housing deficit. It also deals with the adherence between the housing offer promoted by the Program and the lack of housing in the municipality, analyzed based on an indicator proposed by the research. In the third chapter, the evaluation of the NUHP 's efficiency is carried out, having as reference the concept of administrative efficiency adopted by ÁVILA (2019). The relationship between the components of the housing deficit and the delivery of housing by the Program in Goiânia is analyzed, as well as the presence of qualitative attributes in the built properties and, in the end, the regulatory problems identified. Based on the data collected, the work concludes that the NUHP was not efficient in combating the housing deficit in the municipality of Goiânia in the researched period and pointing as causes for the result obtained, regulatory problems that implied the majority allocation of resources to families that did not fit the components of the housing deficit.
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 função social da propriedade da terra na concessão de liminar em ação de reintegração de posse
(Universidade Federal de Goiás, 2015-02-20) Abreu, Natasha Gomes Moreira; Santos, Nivaldo dos; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Belaidi, Rabah; Macêdo Filha, Maurides Batista de
This work aims the theme of the social function of land ownership in the injunction granted in repossession action and was developed within the Basics line of research institutes and Legal Property and Possession. The discussion is guided by the research problem on the interpretation of article 927 of the Civil Procedure Code to grant a preliminary basis in the legal protection of land ownership in collective disputes without conditioning it to the attention of the social function and if it complies with the legal and constitutional framework and the open society of interpreters. The theoretical framework adopted is the Peter Häberle's theory of Open Society of Interpreters of the Constitution which uses the concretizing hermeneutical method. The objective was to demonstrate how the Judiciary underlies the requirement or not the fulfillment of the social function of land ownership for granting repossession injunction and its stance on the constitutional principles. The research was developed through a literature review and case study farm Repossession Santa Monica occupied by the Rural Workers Landless Movement, referring to paragraph 296220-60.2014.8.09.0000 process of Treasuries and stick 2nd civil Corumbá the County of Goiás. The results show a negative response to the problem investigated, the protection of property of land subject to the fulfillment of the social function was not observed in the preliminary ruling given by the stick judgment. Thus, the position of the judiciary does not proceed to completion of the 1988 Federal Constitution because it does not incorporate the social demands of access to land, contributing to conflict management, traits that hinder open, pluralistic and democratic society.
A conflituosidade no campo e as alternativas de acesso a justiça nos assentamentos de reforma agrária
(Universidade Federal de Goiás, 2016-08-12) Afonso, Adriano Henrique de Oliveira; Santos, Bartira Miranda Macedo; http://lattes.cnpq.br/5889103843439878; Santos, Bartira Miranda Macedo; Paula, Gil César Costa de; Rosa, Alexandre Morais da
This dissertation aims to analyze the conflictual in agrarian reform settlements on home territory and demonstrate the viability of alternative forms of access to justice , delimiting social and legal measures to this desideratum. In our country the agrarian reform is essentially an outstanding issue of final settlement, delayed for centuries, conducted in the last decades with more social approach, but still deficient in its implementation. Despite having your trigger the pressure of social movements, the national agrarian reform program is conducted by the Government, in a context essentially charged of tension and violence, in which the Brazilian government, based in the capitalist mold, aiming to serve the interests the established powers and the agrarian oligarchies is shown unable to respond to agrarian conflicts with a focus on social justice. In this sense, at first, we trace the history of the Brazilian agrarian training, legislative developments and situation in the current context. In sequence, will be analyzed the conflictual field and violence resulting therefrom, both real and symbolic and the inability of the criminal justice system and Brazilian prison responding to the occurrence of the offense on the field. Finally, it will be analyzed as has materialized the action - or inaction - of the public authorities in the field, to facilitate access to justice to the settlers peasants, analyzing the role of the main state institutions involved and the most effective alternatives to implement alternatives solutions to reduction of agrarian conflicts.
Narrativas da terra: questão agrária e direito no regionalismo literário de Bernardo Élis
(Universidade Federal de Goiás, 2021-02-22) Agapito, Victor Hugo de Santana; Chehab, Isabelle Maria Campos Vasconcelos; http://lattes.cnpq.br/7538653380771311; Chehab, Isabelle Maria Campos Vasconcelos; Maia, Claudio Lopes; Pinto, Cristiano Otávio Paixão Araújo
In the last decades, the Law and Literature current has been conquering more and more space in the Brazilian academic environment. Even though the works have taken shape and explored the most varied themes, investigations in the area of Agrarian Law continue to receive few academic reflections. In view of this and taking advantage of the importance and dimension of the work of the Goiano author Bernardo Élis, both for the national and regional literary scene, the present research intends to verify the possible contributions of his narratives to the construction of legal knowledge and how, through his stories, Law can be rethought in the Brazilian agrarian scenario. To this end, it made use of exploratory research carried out through a qualitative analysis of data collected primarily from an interdisciplinary bibliographic review and documentary consultation. The first chapter will discuss methodological precepts and propose a theoretical construction based on a critical hermeneutics, with emphasis on the reflections made by François Ost, Paul Ricoeur and Cornelius Castoriadis, directed to the constitution and institution of the legal imaginary, through the dialogic process between Law and Literature. Then, in the second chapter, an analysis will be made about the role of Literature in the most varied representations of the Brazilian Hinterland, particularly in Bernardinian narratives, and how it is possible, from them, to reconstruct, in fiction, the dilemmas and central legal issues that plague the backcountry reality. Finally, the literary work of Bernardo Élis will be analyzed, bringing a discussion directed, above all, to the aspects of Law dealt with in his works and the possible critical reflections that are - directly or indirectly - concerning them, having as main basis his literary writings. As stated, the research seeks to have Élis's own literature as an investigative reference and discussion axis, which delineates the paths to be traced and sets the tone of the theses presented, which are, at the same time, analyzed and grounded when bringing up the theorizations of great thinkers of Law and related areas, seeking to investigate the limits and possibilities of interface between the two disciplines from the creative capacity of fiction. To this end, the works of José de Souza Martins, N. Poulantzas, Décio Saes and E. P. Thompson are mainly visited, who have a lot to contribute to the debate in the legal field. Finally, it was concluded that the hypotheses initially raised - regarding the contribution of the writings of the literate in question to the construction of legal knowledge - were fully verified, developed and discussed, so that it is possible to confirm how much Bernardo Élis's literature, in this case, it is able to foster a new look at the Law and the agrarian question within the initially intended framework, revealing new nuances and horizons that had not been explored until then.
Dimensão axiológica da posse agrária em face do direito de propriedade da terra: a atuação do judiciário frente ao princípio da função social
(Universidade Federal de Goiás, 2010-09-09) ALMEIDA, Francisco Provázio Lara de; LIMA, Ricardo Barbosa de; http://lattes.cnpq.br/3943209743451118
The liberal model of economy and the Objective Theory of the Possession, developed by Jhering, minify the possession, when it s compared to the property. For a long time, the possession was thought as a fast and effective way of property protection. However especially after the Federal Constitution of 1988, the axiological axis of the legal apparatus changed its focus from the property to the person. That caused a significant change in the conception of possession, mainly if it s the agrarian possession, because of its vocation to fulfill the social function. The law and the Judicial acting, however, have not find the appropriate way to work with this new paradigm. That s why it s proposed to review the law and the Judicial acting, to allow the effective protection to the fundamental rights in the Federal Constitution, especially the social function.
Os conflitos agrários, o estatuto do desarmamento e a perspectiva de redução da violência no campo
(Universidade Federal de Goiás, 2005) Amaral, Átila Naves; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Maniglia, Elisabete; http://lattes.cnpq.br/3994325904492685; Tárrega, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Tárrega, Maria Cristina Vidotte Blanco; Santos, Pedro Sérgio dos; Maniglia, Elisabete
Land conflicts are objects of daily headlines in the press countrywide. Workers, Clergymen, lawyers, politicians, in short, all professions and individuais involved in the land reform drama add to the statistics of dead, wounded and threatened pecple over the last few years. Land Pastoral Committee (CPT - Comissão Pastoral da Terra), a non-govemmental organization related to the Catholic Church, has denounced such excesses over the past 20 years at least. ln the core of this paper is the questioning of the country's land policies, its development and its present standpoint. Moreover, the reflection on the resisting desire among the social movements for land reform and land owners. Finally, reflect upon the evaluation of the natura of the conflicts in the land and the recently passed Law 10.826/03, the socalled Desarming Statute. Learning if the referred law has regarded the concems with such conflicts constitutes the problematization of this end-of-course paper. Of being, considered that the method will be strictly dialetical and it will be necessary to verify that the result end of the subject is translated in the verification that the legislator didn't take into account the importance of tlle prevention of the conflicts in the field, in the exact moment of the elaboration of the Statute of the Disarmament.
Empresa agrária: tratamento jurídico diferenciado à luz do artigo 170, IX e artigo 179 da Constituição Federal Brasileira
(Universidade Federal de Goiás, 2012-08-16) Amorim, Eliette Rodrigues de; Tárrega, Maria Cristina Vidotti Blanco; http://lattes.cnpq.br/3710736362842934; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Tárrega, Maria Cristina Vidotte Blanco; Franco, Geisa Cunha
The present dissertation has for objective to analyze the agrarian company in the Brazilian Agrarian Right and especially in the Commercial Right, explaining yours beginnings, juridical foundations and peculiar characteristics of the managerial agrarian activity in relation to the other species of Brazilian companies. The objective is to demonstrate that the differentiated juridical treatment granted in general to the small companies, just as having indicated in the article 179, combined with the article 170, IX, of the Constitution, is specifically necessary to the agrarian company, turning its economic function more effective and significant in the accomplishment of the social justice.
As comunidades quilombolas e o direito ao etnodesenvolvimento: uma análise sobre a implementação do projeto Baunilha do cerrado na comunidade Kalunga-GO
(Universidade Federal de Goiás, 2020-02-14) Amorim, Liliane Pereira de; Tárregga, Maria Cristina Vidotte Blanco; http://buscatextual.cnpq.br/buscatextual/visualizacv.do?id=K4792730P2; Chehab, Isabelle Maria Campos Vasconcelos; http://buscatextual.cnpq.br/buscatextual/visualizacv.do?id=K4237718D7; Chehab, Isabelle Maria Campos Vasconcelos; Arruda, André Felipe Soares de; Sousa, Maria Sueli Rodrigues de
Quilombola peoples are black people who came from Africa to be enslaved in Brazil. Through their courageous and strategic tackling resistance, they were able to survive all sorts of human rights violations for more than three centuries of enslavement, and currently guide their struggle in / for the full recognition of rights. In its turn, ethnodevelopment argues that traditional peoples and communities are capable of self-management, considering their aspirations and cultures, and thus emerges as an alternative route to traditional economic development, the basis of which was, above all, the exploitation of black lives. This research aims to analyze the rights of quilombola peoples and communities, under the concept of Ethnodevelopment, from the implementation of the Cerrado Vanilla project, carried out in the Kalunga quilombola community, located in Cavalcante-GO. In this context, it intends to answer the following question: how - and if - does the Vanilla of the Cerrado Project relate to ethnodevelopment practices? The research has as main theoretical references Jacob Gorender and Batalla. To this end, the work was divided into three chapters. The first presents a historical contextualization of blacks and quilombolas, from the African diaspora to their formal recognition, spanning the Brazilian economic cycles, the constitution of quilombos as resistance, the long trajectory for abolition, the social recognition of black people and, finally, the Kalunga resistance, which is part of the debate on the struggle and resistance of slavery in Brazil. In the second chapter, the right to ethno-development and its challenges for the realization of Fair Trade is discussed, without forgetting to address the discussions about development and ethno-development in Brazil and territoriality as a precondition for the reach of ethno-development. Then, comments are made about national and international regulations that deal with ethnodevelopment and the construction of Fair Trade - as a potential alternative for quilombola peoples. In the third chapter, the intention is to demonstrate, through the analysis of a specific case, the application of the discussions in the previous chapters, notably from the project Baunilha do Cerrado, implemented in the Kalunga quilombola community, emphasizing its limits and possibilities. For the construction of this research, a qualitative approach was used, using interdisciplinary and documentary bibliographic sources, especially with regard to the norms applicable to the theme, as well as the project Baunilha do Cerrado, seeking to identify the context, complexity and the correlation of subjects, to answer the emancipation possibilities defined in the problem and to verify if quilombola peoples and communities are, in fact, achieving the right to ethnodevelopment. Ultimately, it was possible to understand that the entire process of enslavement of black people led to serious socioeconomic consequences for Brazil, which still exist, in some way, up to the present day, and that most projects supposedly linked to ethnodevelopment, such as In the case of Cerrado Vanilla, they are nothing more than the reproduction of a new form of domination, founded on the same traditional logic of development, which insists on excluding the participation of the subjects involved.
O cumprimento da função extrafiscal do imposto territorial rural na região centro oeste
(Universidade Federal de Goiás, 2008-09-02) Anderson, Rogério Oliveira; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa da; Falconi, Luiz Carlos; Souza Filho, Carlos Frederico Marés de
From the legal neo-positivism (or after) the principles succeeded in gaining the status of rule of law endowed with enough normative density for the direct regulation of intersubjective interactions. From there in ahead, the principles stepped into the contemporary constitutions in order to clear its position on the Kelsen normative pyramid. In this sense, when conditioning the property rights, the principle of social function is the absolute rule of law in the Brazilian legal system. As much as that the Agrarian Constitution is served by institutes of the legal-repressive order and also by the premial order just to make to be valid the principle on screen. Thus, the property that does not fulfill its social function may suffer agrarian dispossession or higher taxation. The agrarian extrafiscality is an institute of premial order, linked to the economic condition of the social function of rural property, which determines the progressivity or regressivity of tax rates depending on the productivity of rural property. More productive property, lower the rates that apply, and vice versa. However, it is observed that productivity has not been truly encouraged as the Constitution specifies why it is necessary to provide interpretation that, in preserving the usual legislation make it conforms to the exercise of the ownership to fulfill its social function, especially with regard to their economic condition, which is the agrarian productivity.
O PROUNI como política pública: constitucionalismo, renúncia tributária e transparência da ação administrativa
(Universidade Federal de Goiás, 2020-12-10) Anjos, Silvestre Gomes dos; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Freitas, Leonardo Buissa; http://lattes.cnpq.br/3766748281418212; Freitas, Leonardo Buissa; Coelho, Saulo de Oliveira Pinto; Silva, Robert Bonifácio da; Rodrigues, Horácio Wanderlei
This text is the result of research carried out in the studies of the professional Master's degree offered by the Postgraduate Program in Law and Public Policies at the Federal University of Goiás and includes legal, administrative and economic aspects linked to the University for All Program. The study aimed to suggest the possibility of maximizing the efficiency of resource allocation, providing subsidies for the improvement of this public policy and for a more present future control of public administration. The work, with the concern of verifying the possibility of expanding the offer of places in higher education, found the issue of the incipient control in fact exercised by the Union over this specific waiver of tax revenues. The findings, through information requirements to the agencies, reveal the little concern of the Ministry of Education and the Special Secretariat of the Federal Revenue of Brazil, uncoordinated among themselves, with the adequate control of the total and per capita costs of this Program for society.
Da captação de imagens como prova no processo penal
(Universidade Federal de Goiás, 2004-03-02) Anyfantis, Spiridon Nicofotis; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Santos, Nivaldo dos; Castilho, Ela Wiecko Wolkmer de; Barbosa, Licínio Leal
It concerns an essay about the evidences in the penal procedure and its way of production by means of image captation and recordings, whether by hidden cameras or safety ones. It´s composed of five chapters which analyses, respectively, the penal evidence in its particularities and afterwards, the theme of the illegal evidences making, inclusively, a counterpoint between proof illicitness and the proportionateness principle. It still studies the theme of exceptions to the theory of illegal proofs – named by argentinean and spanish exception of the exclusionary rule. They´re studied, briefly, intimacy aspects and individual private life, with subtle distinctions and similarities. Soon after it goes to an analyses regarding the original image recordings evidence – by ostensive cameras and hidden ones – and its use in the penal procedure, specially when used in work places, investigative journalism, private and public places among other circumstances. Finally, such images validity hypothesis are evaluated in the penal procedure and suggestions are presented in order to them, in case of being produced, and in very specific cases, can be effectively used in the process without violation to the intimacy and private life of the individual.
A certificação social na agroindústria canavieira à luz da teoria crítica do direito
(Universidade Federal de Goiás, 2013-11-25) Arantes, Ana Paula Lazarino Oliveira; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Belaidi, Rabah; Santos Neto, Arnaldo Bastos; Reis, Daniela Muradas
This dissertation seeks to understand the social context of certification sugarcane industry, from the theoretical criticism of law, defending the need to treat the rules of conduct and legal rules, although devoid of state sanction, since the protection of working conditions brought about by these standards lead to ensure the dignity of workers as human beings. The social certification is a tool by which companies can attest that they are socially responsible. In this context, it is urgent question: standardization of conduct of business rules embedded in a social label has the force of a rule? The objective of the research is to understand the true scope of the term "corporate social responsibility", and the specific objectives are: to analyze the Critical Theory of Law originated in the Frankfurt School; consider corporate social responsibility as corporate social function, check the instruments social responsibility, especially the social certification; analyze whether the sugarcane industry has proven to be socially responsible, and to what extent this has occurred. The research of nature documentary and bibliographic unsystematic exploratory, we used the deductive method to investigate the object of study, whose data were primary and secondary cover for what has been published so far on the subject, in articles, doctrine, electronic documents, legislation, jurisprudence, among others, being also say that the object of study is part of a multidisciplinary field involving disciplines of Law and Business Administration. Data collection was done by means of record keeping, defining concepts, content analysis of documents, laws, crossover study data and data collected by other researchers. It was concluded that certification is a social discourse illusory used simply as a marketing tool to entice the consumer market, as companies the sugar cane industry that have the social seal have high labor liabilities in labor courts, which indicates disrespect for and infra-constitutional legislation. Nevertheless, it is believed that social certification could be effective if given by the State and by merit.
Políticas agrícolas de certificação e sistema agropecuário de produção integrada (SAPI)
(Universidade Federal de Goiás, 2010-09-25) ARAUJO, Ionnara Vieira de; TÁRREGA, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934
The model of mechanized agricultural development, highly dependent on fertilizers and pesticides, does not answer the current demands of the international market especially for quality and food safety. Considering this, the Brazilian government has created agricultural programs of certification, one of them, the Integrated Agricultural Production System (SAPI) is the object of this paper. This system has its focus on new sanitary rules, technological, environmental and social impacts of a consumer market conscious and concerned about the health and environment. The certification mark gives this legal system contribution to the agricultural policies of certification and labeling programs by trying to ensure healthy food, free from hormones and pesticides, through a rigid system of traceability and monitoring process. The comparative method of historical analysis was used in the research. As theoretic reference, this research was based on the ideas of the Brazilian jurist Eros Roberto Grau, who studies law in motion, constantly changing, as it does in reality, a perspective in which the law, as a public policy instrument, is used to amend the social contradictions. In addition to this author, as a theoretic reference, the theories of sociologist Boaventura de Sousa Santos will be used, specially the ones developed in the book Producing to Live: the ways of non-capitalis production.
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!
A Atuação do Movimento de Mulheres Camponesas (MMC): uma perspectiva de suas estratégias e especificidades
(Universidade Federal de Goiás, 2018-04-16) Ataídes, Maria Clara Capel de; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Maia, Cláudio Lopes; Ribeiro, Dinalva Donizete; Dias, Luciana de Oliveira
This dissertation focuses on the role of the Movimento de Mulheres Camponesas (MMC), or Peasant Women’s Movement, and its implications in contemporary agrarian society. Firstly, the MMC’s practices and aims were analysed from the standpoint of the group’s historical formation, members, and demands. An assessment was made of the way the group first came into contact with the agrarian issue that was being debated during the 1960s and 1970s, a period which served as the background for its strategy development. The MMC’s characteristic feminism, the specificities of its members, and its demands for agroecology, creole seeds, and food sovereignty were also addressed, to show how the organization’s actions were construed. Secondly, the moral economy of protests, recognition theory, and public activism are used to demonstrate its strategic struggle. Lastly, this study sheds light on the group’s specific role in Goiás state, Brazil, analysing the identities of peasant women and the popular peasant feminism they posit.
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.
Diversidade biológica e dos saberes: lei da biodiversidade e o protocolo de Nagoya
(Universidade Federal de Goiás, 2017-03-30) Barba, Romina Ysabel Bazán; Santos, Nivaldo dos; http://lattes.cnpq.br/3359203015249134; Santos, Nivaldo dos; Santos, Pedro Sérgio dos; Araújo, Luciane Martins de
Con el surgimiento de la crisis ecológica global y la idea de la sociedad de riesgo, se crean tratados y convenios internacionales en busca de la protección de la diversidad biológica recayendo directamente en el Derecho Agrario debido a las cuestiones de la falta de alimentos, territorios devastados y derechos y conocimientos tradicionales de los pueblos. Relevante, para ello lo es, la Convención sobre la Diversidad Biológica que busca la utilización sostenible de los recursos genéticos y la distribución justa y equitativa de los beneficios de dicho uso. El Estado, propietario originario de los recursos biogenéticos, busca prevenir la explotación depredadora, y a veces ilegal, de la biodiversidad y de los conocimientos de las comunidades tradicionales. El Protocolo de Nagoya, un instrumento importante que Brasil necesita ratificar, está destinado a complementar y asegurar la mencionada Convención, trayendo una mayor seguridad jurídica y transparencia para los proveedores y usuarios de recursos genéticos a nivel mundial, permitiendo el acceso adecuado y la transferencia de tecnologías. Otro punto a tratar es la Ley de Biodiversidad que ha recibido críticas por la restricción de algunos derechos de los pueblos tradicionales, dando espacio para la incursión de empresas e investigadores de los conocimientos tradicionales y de los recursos genéticos. Por lo tanto, esta disertación aborda el problema de cómo entender el verdadero desarrollo sostenible, teniendo en vista la Ley de Biodiversidad y la no ratificación del Protocolo de Nagoya. Así, la metodología de investigación será su análisis desde la perspectiva interdisciplinar y en los aspectos jurídico-sociológicos. Para ello, se utilizará la investigación teoría, así como el razonamiento deductivo y dialéctico. El marco teórico constará de: José Eli da Veiga, Ignacy Sachs y Amartya Sen, para el estudio del fenómeno de desarrollo; Vandana Shiva, para el análisis de la diversidad de conocimientos; y, por último, se tiene como referencia los datos primarios tales como el Convenio sobre la Diversidad Biológica, el Protocolo de Nagoya y la Ley de Biodiversidad. Como resultado, se produjo la ruptura del paradigma de que el desarrollo no puede ser sostenible y se evidenciaron sus elementos reales como la expresión de libertad, el proyecto social subyacente, la protección de la biodiversidad, así como sus aspectos territoriales, económicos y políticos. En lo que se refiere a la legislación vigente, se afirma la necesidad de la ratificación del Protocolo de Nagoya como un mejor apoyo de la Ley de Biodiversidad, teniendo como finalidad la protección de la mega diversidad brasilera tanto biológica como de sus saberes tradicionales.
Avaliação da gestão por organizações sociais como instrumento da política pública de educação profissional: diagnóstico crítico da experiência do estado de Goiás na perspectiva do constitucionalismo democrático
(Universidade Federal de Goiás, 2020-12-16) Barros, Renata Campos Bernardes; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Carvalho, Luciani Coimbra de; Tavares Neto, José Querino
This article is part of the collaborative insertion of organized civil society in the management of public services, a phenomenon that started in Brazil with the State Reform. We focus on the experience of the State of Goiás in the management of professional education, in the face of the problem of the lack of a practice of monitoring and evaluating the results of this public choice and its effects on public policy on professional education. With the objective of constructing theoretical and methodological subsidies for structuring a diagnosis of this phenomenon, a research promoted a study on the process of managerial administrative management, focusing on the Brazilian experience of education management and emphasizing an analysis of the possibility conditions for the constitutional adequacy of this management choice, in view of public policy objectives. There was also a mapping of the experience of the Rede ITEGO, a structure of the Goiás government focused on offering professional education, in order to characterize its modus operandi and the insertion of social associations in this context, with an emphasis on the analysis of failures in terms of preparation, regulation and planning of contract monitoring and evaluation routines. At the end, it presents a first diagnosis of the performance of these associations, focusing on a legal analysis of public policy.
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 Macedo
It 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.

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