Doutorado em Direito Agrário (FD)
URI Permanente para esta coleçãohttp://200.137.215.59/tede/handle/tede/12248
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Item type: Item , O negócio da grilagem no mercado paralelo da Justiça: Operação Faroeste e formação da propriedade agrária no Cerrado baiano(Universidade Federal de Goiás, 2026-03-30) Rodrigues, Bárbara Luiza Ribeiro; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Maia, Cláudio Lopes; Ferreira, Adegmar José; Lemes, João Vitor Martins; Sousa, Ranielle Caroline de; Moreira, Erika MacedoThis research analyzes the formation of agrarian property in the Cerrado region of Bahia, focusing on the dynamics of land grabbing and the role of the Judiciary. In recent decades, the western region of Bahia has consolidated itself as one of the main agricultural frontiers in the country, attracting intense flows of national and international capital to agribusiness. This territorial expansion has historically been marked by a land tenure structure forged under the aegis of State Law No. 3,442 of 1975, popularly known as the "Land Grabbing Law," which allowed the formalization of private property titles based on weak or fraudulent documents. This scenario fostered an environment of systematic expropriation of traditional peoples and communities, squatters, and peasants, generating intense agrarian conflicts over land, water, and labor. Physical and legal disputes over land have led to successive investigations since the 1970s, culminating in Operation Faroeste, launched by the Federal Police in 2019, which pointed to a pattern of systemic corruption involving the sale of judicial decisions to legitimize illegal rural property ownership. In this context, this study aims to understand the process of land ownership formation in the Cerrado region of Bahia through the legalization of land grabbing, which is achieved through the direct actions of judges and justices of the Court of Justice of the state of Bahia. Methodologically, this thesis is an applied and empirical research in Law, based on the dialectical scientific method and adopting the case study as its main methodological procedure. To achieve the specific objectives established, multiple technical instruments were used for data collection, such as a systematic literature review; a survey of agrarian conflicts documented by the Pastoral Land Commission between 1994 and 2014; clippings of journalistic news about Operation Faroeste published between 2019 and 2026; and documentary research in primary sources, such as complaints from the Federal Public Prosecutor's Office and judicial decisions within the scope of the Superior Court of Justice. Considering the methodological choice for qualitative, inter- and transdisciplinary analysis, the thesis also delved into the judicial records related to the former São José Farm, located in the Municipality of Formosa do Rio Preto. This framework allowed us to conclude that, in Western Bahia, the judicial function was transformed into a commodity widely traded in the "parallel market of Justice" to legitimize illegal land appropriations, especially through judicial decisions that created a "fabricated legal truth", privileging financial assets over agrarian life and potentiating violence, coercion, and expropriations. Thus, the State apparatus was illegitimately used to subordinate the possession and social function of land to documentary/formal ownership and to prioritize a civil-business understanding of the agrarian question. Furthermore, land grabbing proved to be a structuring element in the formation of agrarian property in that region, sometimes operating outside the law and, at other times, "within" it, so that it not only compromises the credibility of the law but also undermines its capacity to promote social justice in the countryside.Item type: Item , Violência institucional agrária: o Estado e os massacres no Arco do Desmatamento (1985-2019)(Universidade Federal de Goiás, 2026-02-23) Silva, Karla Karoline Rodrigues; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Rosero, Álvaro Mauricio Chamorro; http://lattes.cnpq.br/1233590997036395; Rosero, Álvaro Mauricio Chamorro; http://lattes.cnpq.br/1233590997036395; Tárrega, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Siqueira, José do Carmo Alves; http://lattes.cnpq.br/2363520289946658; Loureiro, Sílvia Maria da Silveira; http://lattes.cnpq.br/3190742871018847; Dadico, Claudia Maria; http://lattes.cnpq.br/6320696529280608This thesis investigates agrarian institutional violence manifested in massacres occurring in land conflicts in Brazil between 1985 and 2019, with a spatial focus on the Arc of Deforestation region. The study is based on the premise that the Brazilian countryside is marked by a structural conflict between two antagonistic logics of land appropriation: the peasant expansion front, which defends land as a space for life and work, and the capitalist pioneer front, which conceives it as a commodity and financial asset. The research justification lies in the need to demonstrate that violence in the countryside is also promoted by the state apparatus itself, which acts not as a mediator, but as a central agent in the dynamics of expropriation. The research problem is: in what way did the State act in the massacres occurring in agrarian conflicts between 1985 and 2019, with an emphasis on the Arc of Deforestation region? The general objective is to analyze the State's performance regarding the massacres in agrarian conflicts during this period. The specific objectives are: 1) to understand the historical-social structures of agrarian conflicts and their main subjects; 2) to examine the State's performance in its direct and indirect dimensions; 3) to analyze the geographic concentration of massacres in the Arc of Deforestation; and 4) to evaluate the effects of agrarian institutional violence. The methodology adopts the inductive method, based on the empirical analysis of 50 massacres cataloged by the Pastoral Land Commission (CPT). The theoretical framework articulates the theory of frontiers (Martins), accumulation by dispossession (Harvey), and the concept of expulsions (Sassen) with Gramsci’s category of the Extended State, demonstrating how coercion (political society) and consensus (civil society) operate together. The thesis concludes that massacres are the most brutal expression of agrarian institutional violence, a mechanism mediated by the Extended State to ensure the hegemony of agribusiness. This violence has a double face: direct action, materialized by the state coercive apparatus (executing 18% of massacres), and strategic omission, which allowed gunmen to execute 66% of the cases. The overlap of 43 out of 50 massacres with the Arc of Deforestation provides empirical proof that extreme violence is an instrument of economic frontier expansion. The primary structural effects are the consolidation of the latifúndio, the demobilization of land reform struggles, the criminalization of social movements, and systemic impunity. Brazil's convictions in the Inter-American Court of Human Rights externally validate this thesis, which argues that overcoming this cycle requires structural reforms to dismantle the institutional violence that perpetuates massacres in the Brazilian countryside.Item type: Item , Terra de palavras: a construção narrativo-dialética do direito territorial Yanomami a partir do livro a Queda do céu de Davi Kopenawa(Universidade Federal de Goiás, 2025-12-27) Guimarães, Pedro Henrique Correa; Tárrega, Maria Cristina Vidotte Blanco; lattes.cnpq.br/3710736362842934; Tárrega, Maria Cristina Vidotte Blanco; Silveira, Edson Damas da; Coelho, Nuno Manuel Morgadinho dos Santos; Paula, Helga Maria Martins de; Souza Filho, Carlos Frederico Marés deThis thesis aims to describe how Yanomami territoriality is presented in the book The Falling Sky, written by the shaman Davi Kopenawa and the French anthropologist Bruce Albert. Thus, it is a study in Agrarian Law, as it seeks to understand agrarianity and its subjects, particularly the Yanomami way of life and their relationship with the surrounding society more than thirty years after the demarcation of their territory, especially in light of the expansion of mining and the epidemics associated with it. The thesis adopts a dialectical methodological approach, as it analyzes a series of contradictory processes. Based on the definition of the problem and the object described above, we have organized our thesis into three chapters, following an individual dialectical methodology. Chapter 1 examines the indigenous subject (or the post-indigenous subject) in relation to and in rejection of the individualism of the surrounding society. In Chapter 2, we analyze the development of this indigenous subject within this territory. In Chapter 3, this subject-territory is analyzed through a narrative lens. Thus, we observe that the book critiques the political economy of the surrounding society (napë), a critique supported by an alternative cosmology. For this reason, it was necessary to reinterpret and transform the categories of commodity, labor, class struggle, ideology, and imperialism in order to perceive them from a Yanomami perspective. Furthermore, we grasp that Yanomami territory (urihi) does not share the Western perspectives that view nature as something external and separate from humans. Urihi is an intertwined territory of humans and non-humans; it is the space where life is produced and revealed through shamanism. In this way, Agrarian Law must unfold into a law that accommodates other cosmologies of the land, recognizing that territory is simultaneously life, world, and a space for cultural reproduction.Item type: Item , Posse, território e regularização fundiária na região geográfica imediata de Redenção Estado do Pará(Universidade Federal de Goiás, 2025-04-22) Hamdy, Nile William Fernandes; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Tárrega, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Siqueira, José do Carmo Alves; http://lattes.cnpq.br/2363520289946658; Vieira Neto, Levindo Ramos; http://lattes.cnpq.br/6806872406377806; Worm, Naima; http://lattes.cnpq.br/7390888896240163This study investigates the determining factors behind the implementation of land regularization policies in the area now corresponding to the Immediate Geographic Region of Redenção, in the state of Pará, Brazil. The central question is whether land regularization ensures rights for land occupants or for capital. To address this, a critical literature review is conducted under the lens of Éric Millardi’s legal realism, focusing on the dogmatics of Brazilian Agrarian Law, in which agrarian possession is the central analytical paradigm. The study also includes an analysis of the main possession theories present in legislation and legal doctrine, highlighting the enduring colonial perspective of the possession/property binary. The research further involves the collection and analysis of data on demographic variation, the expansion of agricultural exploitation areas, the evolution of private property mapping, fluctuations in cattle prices, and the agricultural GDP during the formation period of private land tenure in the region. In addition, all relevant legal norms are surveyed and examined, from the Land Law to the consolidation of private property as the dominant territorial model. The findings show the complete ineffectiveness of land regularization norms until the arrival of intensive cattle ranching geared toward export, transforming land into a commodity. Land regularization takes place at the point where the pioneering frontier overlaps with the presence of land occupants—those on the expansion front and those beyond the frontier. The study concludes that land regularization legitimizes business transactions, not rights. It is thus asserted that land regularization plays a strategic and instrumental role in consolidating private property as the legal and territorial foundation for capital expansion by providing legal security for the globalization of agricultural production chains.Item type: Item , Desigualdade social no campo: a necropolítica a serviço do capitalismo dependente brasileiro(Universidade Federal de Goiás, 2023-06-03) Nunes, Karolina Dadú; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Paula, Helga Maria Martins de; Tárrega, Maria Cristina Vidotte Blanco; Ferreira, Hugo Luis PenaThis work seeks to analyze interactions between the theory of Latin American dependent capitalism and necropolitics in Brazilian agrarian context. Starting from an analysis of the two theories, we first try to establish how development of capitalism in Brazil took place, from the analyzes of dependent capitalism, revealing how movement of world capitalism influenced the Brazilian productive structure, mainly in agrarian modality, and the reflexes this conjuncture presents in the functioning of the State. After these considerations, we set out to analyze the theory of necropolitics and biopolitics and their application by the State, observing authoritarian and racist history of Brazilian nation's history towards some specific groups, especially those that make up the country's rural environment. In order to carry out these studies, we applied the methodology of bibibliographical review and historical-dialectical materialism, because in order to understand the influence of dependent capitalism on State's action in relation to agrarian conflicts, during Brazilian history and today, it was necessary to observe the role played by groups that make up the field through bias of class struggle and the social formation of the territory. The last part of the work seeks to encompass groups in conflict in countryside, both those that make up agribusiness and traditional communities and workers and relationship that the State has with them, recognizing necropolitics applied to the latter. It is concluded, therefore, in this work that despite universal legal characteristics of the State as protector of both groups, traditional communities and workers are the target of necropolitics that expose them to violence and degrading conditions of existence