Mestrado em Direito Agrário (FD)
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Item Resolução de conflitos agrários: o papel da Comissão Fundiária do Tribunal de Justiça de Goiás no Assentamento Dom Tomas Balduíno(Universidade Federal de Goiás, 2025-03-20) Holanda, Anderson Máximo de; Silva, Frederico Alves da; http://lattes.cnpq.br/8963617005726253; ; Silva, Frederico Alves da; http://lattes.cnpq.br/8963617005726253; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Silveira, Sebastião Sérgio da; http://lattes.cnpq.br/7795231195922277This study conducts a critical analysis of the performance of the Land Solutions Commission of the Court of Justice of the State of Goiás (CSF/TJGO), with particular focus on the case of the Dom Tomás Balduíno Settlement, located in the municipality of Formosa, State of Goiás. The central objective of this research is to map the challenges faced by the CSF/TJGO in the present case, assess the effectiveness of the implemented interventions, and identify best practices that may be replicated, as well as to highlight gaps that demand attention for the improvement of public policies in the field of land tenure. To achieve the proposed objectives, a qualitative-descriptive approach was adopted, with an emphasis on the specific case study. Initially, an analysis was conducted of the historical and structural context of land conflicts in Brazil and in the State of Goiás, underscoring their underlying causes. Subsequently, the theoretical and legal foundations underpinning the fundamental rights involved in these conflicts were outlined, with particular emphasis on the tension between the right to housing and the right to property, both safeguarded by the Constitution of the Federative Republic of Brazil of 1988 (CRFB/1988). Additionally, the initiatives of the National Justice Council (CNJ) aimed at formulating judicial policies for the mediation and resolution of land disputes were examined, with a focus on pluralistic and sustainable approaches. Within the scope of the analysis, the legal and institutional ramifications resulting from ADPF No. 828/DF were also investigated, as well as the process of the creation and operation of the CSF/TJGO. Finally, a detailed documentary analysis of Administrative Procedure (Proad) No. 202306000418954 was conducted in order to evaluate the measures implemented by the CSF/TJGO at the Dom Tomás Balduíno Settlement, with emphasis on the challenges faced and the results achieved thus far. The results indicate that the performance of the CSF/TJGO, by promoting dialogue and the mitigation of land conflicts, represents a significant advancement in the pursuit of peaceful and structured solutions. However, in the case under study, the observed results remain insufficient for the consolidation of definitive solutions. This finding reinforces the need for greater interinstitutional articulation, coupled with the implementation of long-term public policies and the adoption of land governance that prioritizes the social, legal, and economic sustainability of the solutions implementedItem Soberania alimentar e a (não) democratização da terra no Brasil: políticas públicas e seus impactos na agricultura familiar(Universidade Federal de Goiás, 2025-03-27) Castro, Murilo Soares de; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Bertollo, Kathiuça; http://lattes.cnpq.br/3229587677691624According to data from the Agricultural Census (2017), 77% of Brazilian agricultural establishments are classified as family farming, a category responsible for 23% of the total national production value and employing 10.1 million people (67% of the sector’s workforce). This study analyzes the historical events that shaped Brazil’s agrarian structure, focusing on the integration of public policies aimed at family farming and food sovereignty. Drawing on Josué de Castro’s Geography of Hunger, the work explores the relationship between urbanization, social inequalities, and food challenges, emphasizing that rural-urban migration, while linked to economic opportunities, intensifies cities’ dependence on external food supplies, increasing vulnerabilities such as food scarcity and price fluctuations. Using a hypothetical-deductive method and bibliographic analysis, the research examines the historical formation of Brazil’s land structure, juxtaposing national dynamics with the specific case of the State of Goiás. Key works on agrarian law, democratization of land access, territorial conflicts, and agricultural policies were selected, cross-referencing quantitative data (Agricultural Census, socioeconomic indicators) with critical theoretical frameworks. As a central contribution, the study proposes multisectoral strategies to avoid the predominance of monocultures, ensuring agricultural diversity and long-term sustainability. It argues that public policies must prioritize not only production but also equitable distribution and access to food, particularly in urban contexts. The research underscores the need for structural reforms to combat land concentration and promote family farming as a cornerstone of a sovereign national project.Item Regularização fundiária do território Kalunga ante o processo discriminatório das terras de Cavalcante/GO(Universidade Federal de Goiás, 2025-03-31) Kuramoto, Teruo Rosa; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Maia, Claudio Lopes; Tárrega, Maria Cristina Vidotte Blanco; Torres, Katya Regina IsaguirreThis dissertation analyzes the process of (non)regularization of land tenure in the Kalunga Quilombo Territory (TQK). The research problem focuses on the failure to guarantee the territorial rights of the Kalunga people, supported by Article 68 of the Transitional Constitutional Provisions (ADCT/CF), as well as other national and international provisions. The safeguarding of territories for traditional communities constitutes a fundamental right, as these communities do not exist without their territories—a fact that underscores the relevance and justification for this study. Our research hypothesis is that part of the private properties established in the TQK, through discriminatory land actions, was irregularly consolidated. Methodologically, a predominantly qualitative approach will be adopted, using the hypotheticodeductive method to analyze the formation of real estate properties in the Kalunga territory through documentary analysis, with the primary source being the judicial discriminatory process of the lands in Cavalcante/GO and maps of the region. The historical method of investigation and a literature review will also be employed. The specific objectives were: 1) To investigate the origins of the Kalunga quilombo and the constitution of its territory; 2) To discuss the formation of private land ownership in Brazil; and 3) To analyze the discriminatory process of the lands in Cavalcante (GO) and the actions (or inaction) of the State of Goiás, the Federal Government, and INCRA regarding the (non)titling of the TQK. The results indicate that Article 150 of the 1947 Constitution of the State of Goiás was responsible for designating the region's unallocated lands. Evidence of irregularities was identified in some properties excluded from the discriminatory action in Cavalcante, as well as negligence by the competent authorities regarding the obligations set forth in Article 68 of the ADCT, given that only 8.58% of the TQK has been definitively titled.Item Agrobiodiversidade, sementes crioulas e contaminação genética: caminhos jurídicos e institucionais para uma proteção estrutural(Universidade Federal de Goiás, 2025-03-31) Porto, Raul Oliveira; Rocha, Eduardo Gonçalves; http://lattes.cnpq.br/4663157234421208; Rocha, Eduardo Gonçalves; Arruda, Andre Felipe Soares de; Ruiz, Haravi EloisaThis study analyzes the contemporary legal challenges arising from the genetic contamination of landrace seeds by genetically modified organisms (GMOs), through the lens of strict liability and the integral risk theory in Brazilian environmental law. The focus lies on state omission and the inefficacy of public policies aimed at protecting traditional agricultural genetic heritage. The central hypothesis investigates whether the current Brazilian legal framework is capable of addressing the diffuse and irreversible risks associated with biotechnology, especially in contexts marked by socio-environmental inequality. It is argued that the absence of specific regulations weakens prevention, compensation, and accountability mechanisms, demanding a new regulatory paradigm grounded in the principles of precaution and environmental justice. The qualitative methodology employed allowed for the analysis of constitutional provisions, statutory laws, judicial decisions, and doctrinal sources, with special emphasis on the theoretical framework of the risk society. The study proposes structural and judicial measures as means to ensure the effective protection of landrace seeds and food sovereignty.Item Um basta a violência doméstica contra mulher camponesa: a práxis e os desafios do Movimento de Mulheres Camponesas(Universidade Federal de Goiás, 2025-03-31) Silva, Renata Rodrigues; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Paula, Helga Maria Martins de; Belaidi, Rabah; Souza, Carolina FerreiraThe increasing incidence of domestic violence cases in Brazil has emerged as one of the most pressing contemporary social issues, affecting women across all demographics. In rural areas, where inequalities are more pronounced, women face restrictions on land access, lack economic and social autonomy, and experience the undervaluation of their labor, making violence even more severe. This study is based on the hypothesis that rural women are in a subordinate socio-economic position and experience conditions of inequality. Therefore, this dissertation aims to analyze the role and strategies of the Movimento de Mulheres Camponesas (MMC, Peasant Women’s Movement) in addressing domestic violence against rural women. The research seeks to assess the historical process of oppression faced by rural women and the various forms of violence they endure. It aims to investigate how the MMC contributes to raising awareness and combating domestic violence against rural women, examining the actions and strategies adopted by the movement to ensure their access to fundamental rights, justice, and economic and social autonomy. Additionally, the study explores how this social movement integrates the struggle for agrarian and social rights with the promotion of gender equality and the fight against violence targeting rural women. According to the Comissão Pastoral da Terra (Pastoral Land Commission), violence against women in rural contexts has increased, rising from 94 recorded cases in 2022 to 107 in 2023, a number that has been growing since 2021. This trend highlights the urgency of the present analysis, particularly given the importance of social movements in amplifying the visibility of rural women. To achieve the proposed objective, the research employs a literature review methodology, grounded in feminist theories, particularly the works of scholars such as Heleieth Saffioti and Gerda Lerner. It also includes a documentary analysis of educational materials, reports, social media content, and academic works by MMC activists to contextualize rural women’s struggles through the lens of gender and human rights perspectives. Furthermore, to provide an empirical dimension to the research, official data on domestic violence and various forms of oppression have been incorporated. This study seeks to contribute to a deeper understanding of the MMC's role as an agent of social transformation in rural areas, promoting equality and combating domestic violence.Item As primeiras décadas da construção de Goiânia: a transição da categoria de rural para urbano dos imóveis adquiridos pelo Estado de Goiás(Universidade Federal de Goiás, 2025-03-21) Sousa Neto, Francisco Florentino de; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Paula, Helga Maria Martins de; Ribeiro, Maria Eliana JubéIn the 1930s, Brazil underwent major transformations, driven by several factors, such as: the change in the political scenario, following the establishment of the Estado Novo, with the loss of political power by the oligarchies; the nationalist proposal to occupy and populate the empty territories of the “backlands”, through the government program called “March to the West”; the change in the economic environment resulting from the crash of the New York Stock Exchange (1929), implying a decrease in exports of coffee, Brazil’s main product, reflecting the impoverishment of the country, with consequences in the decrease of imports, which served as a stimulus for the beginning of the national industrialization process; and the change in the cultural and social environment through the modernist movement and the inauguration of urbanism. In this environment, the state of Goiás, governed by the federal interventor Pedro Ludovico Teixeira, decided to transfer the capital to a place that would positively facilitate the combination of all the effects of the political, social, cultural and economic rupture experienced at the time. The choice of the location for the new capital took into account, among other requirements, the existence of arable land that could be used to supply the new city. The pilot project for the construction of the new capital, even after the first modification, contemplated the allocation of part of the acquired land for agricultural activities. Some administrative acts and normative diplomas, which dealt with the issue related to the establishment of the new capital, mentioned the reservation of land and its allocation for the development of rural activities. The occupation of the space destined for the new capital occurred differently than anticipated and desired by the designer and the state government. The disorganization of the territorial occupation of a border city and the strength of capital determined the sacrifice of the space intended for rural activities. The national legislation in force at the time the construction of the new capital began did not provide for the means of transforming rural space into urban space. For a long time, the state government acted freely in modifying the space, without the participation of the municipalities of Campinas and Goiânia, even after the first changes in national legislation on the division of rural and urban lands, dividing the lands and changing their vocation as it pleased, in response to social pressures, for the regularization of occupations, and economic pressures, to serve real estate capital. The study on the subject, of a qualitative and descriptive nature, aims to analyze the facts and acts with legal repercussions known through bibliographical research and compare them with the legislation in force between the 1930s and 1960s to indicate the validity of the state's action in the division of rural lands and their transformation into urban lands (dialectical method). The results of the research will be presented in chapters that will discuss the phases of conception, implementation, occupation, division of the space destined for the new capital and, finally, the legal validity of the transformation of rural lands into urban lands.Item Caderno de Conflitos no Campo: concepção de direito e violências em debate de 1985-2002(Universidade Federal de Goiás, 2023-09-15) Freitas, Adenisia Alves de; Maia, Cláudio Lopes; http://lattes.cnpq.br/9378173702157899; Maia , Cláudio Lopes; Chagas, Afonso Maria das; Pimentel , Anne GeraldiThe research analyzes the Notebooks of Conflicts in the Countryside, produced by the Pastoral Land Commission between 1985 and 2002. The objective is to follow the trajectory of the Conflict Notebook since its emergence, within the process of constitutionalization of Agrarian Reform, a moment that consolidated a new agrarian conjuncture. The temporal delimitation aims to address the legal issues together with the historical moment, studying the Conflict Notebooks at a crucial moment for the formation of the legal framework that was consolidated in the agrarian field, until the moment when the criminalization of the actions of social movements was characterized, with the difficulties in carrying out agrarian reform on lands occupied by land struggles and marked by violence in the countryside, according to the data presented in the Notebooks. The study aims to delve into which problem(s) and the conception of Law is (re) produced in the Field Conflict Notebooks of the National CPT between 1985 and 2002? Identifying that the process was marked by the expression of (in)justices, legislation and expectations that were not fulfilled. The main sources for the study will be the CPT Notebooks and the documents produced by social movements and groups linked to the agrarian struggle. The methodology is based on the documentary study, considering the quantitative and qualitative information produced in the Notebooks, comparatively related to visualise changes over time, related to the ways of approaching the theme within the notebooks over the years. The theoretical references will be to build a dialogue with authors of the line of study of Law Found on the street, which comprises the legal conceptions as part of processes of clashes and disputes that occur in Brazil, allied with scholars of the subject at the national level, to understand the genesis of the CPT – Pastoral Land Commission with the construction of the Notebooks, going through the period of thItem Terra e castigo: o esbulho possessório no processo de criminalização dos movimentos sociais(Universidade Federal de Goiás, 2022-07-25) Aguiar, Dhiogo de Araújo; Diehl, Diego Augusto; http://lattes.cnpq.br/0985343069456855; Diehl, Diego Augusto; Maia, Cláudio Lopes; Andery, Fernanda RezekConsidering that the objective of this research is circunscript in understanding the role played by the crime of possessory expropriation (article 161, II, of the Penal Code) in the outbreak of criminal prosecution against social movements claiming Agrarian Reform, the following problem question was formulated: how did possessory expropriation enter the discourse of criminal prosecution applied to Social Movements that use land occupation to demand Agrarian Reform? In order to obtain an answer to this question, this investigation, using concepts and categories from Luigi Ferrajoli's theory of penal guaranteeism, was methodologically structured from contextual analysis of data from journalistic materials and official documents of each one. of the investigated periods, taking into account the interaction processes established between the social segments and the institutionally established criminal prosecution discourse. Thus, the first chapter brought to the debate the influence of the “land” element in the elaboration of the bourgeois penal discourse in Brazil. The second chapter, in turn, demonstrates, from the evolution of the relationship kept by the land with the Social Movements, the role played by the occupation at each moment, from its marginalization to its resignification as public activism, when the act at the center of the institutional struggle for Agrarian Reform. Finally, the third chapter focuses on the contextual analysis of the dogmatic assumptions that raised a criminal offense of lesser offensive potential to the condition of protagonist of the discourse of criminalization of the aforementioned Social MovementsItem Uso abusivo de agrotóxicos no Brasil: obrigatoriedade de licença ambiental especial para plantio em áreas de risco, como mecanismo de controle da mortalidade de abelhas(Universidade Federal de Goiás, 2025-02-18) Silva Junior, Sidimar Lopes da; Chiziane, Eduardo Alexandre; http://lattes.cnpq.br/3250376117237788; Chiziane, Eduardo Alexandre; Osco, Marcelo Fernandez; Jordão, Luciana RamosGiven the critical importance of pollinating insects, especially bees, for human life and ecosystems, we are faced with the following problem: is there a need for specific regulation to mitigate the impacts of agro-industrial and agribusiness activities on these insects? The central hypothesis is that, due to the relevance of pollinators for biodiversity and food production, it is imperative to establish regulatory standards that protect these species. The objectives include understanding the formation and operation of the agro-industrial and agribusiness complex, identifying the impacts of these activities on pollinating insects, and evaluating the existing national legal apparatus to determine the need for new regulations. The justification for the study lies in its great academic and legal-social relevance, based on conceptual authors such as Grossi and Marés regarding land and the emergence of the agroindustrial complex, complementing Kageyama and Lima, and addressing the perspectives of the Constitution of the Federative Republic of Brazil of 1988 and the regulations on agricultural licenses and regulations, to verify additional regulations regarding the impacts of agricultural activity. The methodology adopted was a qualitative-quantitative approach, with greater emphasis on qualitative analysis, due to the nature and perspective of the research. The method used was hypothetical-deductive, seeking to test the hypothesis through the analysis of the data found and possible regulatory legislation, if the need is proven. It is concluded that specific regulation can be crucial for the protection of pollinators and, consequently, for environmental sustainability and food security.Item ‘‘O risco que corre o pau corre o machado’’: repressão e resistência camponesa em Rondônia, de Corumbiara ao acampamento Tiago Campin dos Santos, um olhar crítico à atuação insuficiente e ineficaz do Poder Judiciário frente a esses conflitos(Universidade Federal de Goiás, 2024-11-12) Paixão, Mariana Gullo; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira , Adegmar José; Moreira, Erika Maced; Souza, Marilsa Miranda deThis master's dissertation aims to address the historical origins, focusing on the Amazon region, more specifically in the state of Rondônia, of the transformation of land into capital and power, appropriated by agrarian elites who hegemonically maintain political, social and economic power. While there is a huge class of impoverished landless peasants who organize themselves in the fight for land, to gain democratic access to it, for those who live and work on it. In this context, the League of Poor Peasants of Rondônia and Western Amazonia (LCP) is researched, from its origins, from the Corumbiara Massacre in 1995, to its current activities, in one of its Camps in Rondônia, the Tiago Campin dos Santos Camp, which was created in 2020 and has resisted to this day. The LCP presents itself as a revolutionary combative movement whose main banner is the Agrarian Revolution and the radical takeover of large estate lands, which will be addressed here, covering fundamental points such as imperialism, bureaucratic capitalism, New Type Revolution and New Democracy. In this sense, we intend to observe the modus operandi of the State in relation to agrarian conflicts and the process of criminalization that is generated from the persecution of these movements that oppose the domains of the country's latifundiary base. The presence of the State as a permanent barrier of violence and its mechanism of converging illegalities into legalities is highlighted. The research also aims to draw a parallel between the repression and resistance that occurred both at the Santa Elina farm, in Corumbiara/RO, and at the Tiago Campin dos Santos Camp, in Porto Velho/RO, and to highlight the role of the Judiciary in these demands, as well as to highlight the presence of the agrarian oligarchies in these exclusion processes. The aim is to demonstrate that the uprising and organization that emanates from the peasantry is an inherent condition for survival, bringing the assumptions of the Right of Resistance and legitimate retaliation when faced with a profound social crisis. Based on the materialist, historical and dialectical methodology, the aim is to answer the following legal problem: what are the mechanisms of repression of the State and the actions of the Judiciary in the face of social movements fighting for land within the conflicts studied here.Item Atuação do Poder Judiciário brasileiro nos processos indenizatórios em face do Movimento dos Trabalhadores Rurais Sem Terra em decorrência de ocupação de propriedade rural: a responsabilidade civil diante de um processo de luta pela terra(Universidade Federal de Goiás, 2024-05-20) Santana, Lara Mendonça; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Maia, Cláudio Lopes; Garcia, Bruna PinottiDebates on the agrarian issue and access to land are crucial for the development of democracy, especially when observing Brazil's agrarian structure, which takes care of a space of territorial and social dispute between rural landowners and peasant social movements. In this context, given the complexity of public activism perpetrated by the most relevant social movement in Latin America via the occupation of rural properties, which generates antagonistic opinions in Brazilian society, it is transferred to the assessment of the Judiciary, both in the criminal sphere and in the civil scope, the analysis of the legal consequences of the occupations of rural social movements, through the judicialization of the struggle for land. Among these legal actions are those civil demands proposed by rural owners aiming to apply the institute of civil liability in the face of material damage caused to their rural properties during occupations promoted by the Landless Rural Workers Movement (MST). The analysis of these actions is the proposal of this work, notably in those processes brought against organizations with public registration linked to the MST, under the justification of being an economic group. To this end, through a qualitative approach, an exploratory empirical study was developed through a survey of judicial decisions on processes, digital or digitized and without legal secrecy, filed from 1984 onwards in the Superior Courts, as well as in the Federal Regional Courts and Courts of Justice, both in the second instance, to investigate the reception of such thesis by the Courts, in addition to the proceduralist perspective, individual or collective, applied in the procedural process.Item A flexibilização da legislação do uso de agrotóxicos no Brasil e suas consequências ao direito humano e constitucional à alimentação adequada(Universidade Federal de Goiás, 2024-02-23) Abreu , Thaís Gomes; Dal Bosco , Maria Goretti; http://lattes.cnpq.br/1935675385406842; Dal Bosco , Maria Goretti; Tárrega , Maria Cristina Vidotte Blanco; Botelho, Tiago ResendeThis dissertation analyzes the new Law on Pesticides, a process that began in 2018 with the inauguration of President Jair Bolsonaro (2018-2022). This period was marked by the resumption and subsequent approval by the National Congress of Bill No. 6.299/2002 (replaced by Bill No. 1.459/22), which resulted in the sanction and replacement of the previous law (Law No. 7.802/89) by the new Law No. 14.785/2023, known as the "poison package". The use of pesticides influences food security and affects fundamental human rights, including the Human Right to Adequate Food (HRAF), which results in the guarantee of Food and Nutrition Security (FNS). With this legislative change on the use of pesticides in Brazil, promoted by Decree No. 10.833/21 and the "poison package", the risks to the DHAA are imminent, as the use of pesticides can present countless problems to health, the environment and food. The research problem presented here is how the new Agrotoxics Law (Law 14.785/23) affects the human and constitutional right to adequate food. Therefore, this study represents a reflection on the regulation of pesticides and how their effects are at odds with the right to adequate food and with human and constitutional rights, becoming a serious problem for society today. The research takes an international approach, with a comparative study of Argentina, the United States and India with Brazil, examining the similarities and divergences related to the use of pesticides and related legislation, considering that these countries have significant agricultural production and/or are major producers of agrochemicals. This study also aims to provide a brief understanding of the practices adopted in each country, contributing to a more comprehensive overview of the regulations and challenges associated with the use of these products. In terms of method, the hypothetical-deductive method was used, which seeks to eliminate errors based on the hypothesis that the fundamental right to food is threatened by the use of agrochemicals and their mass release. As for the methodology adopted in the study, it is descriptive and exploratory in nature, and bibliographical in terms of means, using data from official and unofficial databases, legislation, doctrine and case law. The study highlights the challenges generated by the process of transforming agricultural practices, which began with the "Green Revolution" and intensified the use of technologies such as transgenics and agrochemicals. Brazil is the leading consumer of these products and faces pressure from the agrochemical industry to relax regulations, which compromises fundamental rights such as access to adequate food. The new Agrotoxics Law (Law 14.785/23) represents a step backwards by putting food safety and public health at risk. Given this scenario, it is essential to adopt policies that balance agricultural efficiency with the protection of human and environmental rights, strengthening regulations and encouraging sustainable practices in agriculture.Item Direitos socioambientais dos camponeses: os impactos e as implicações jurídicas da contaminação genética de sementes crioulas por transgênicos(Universidade Federal de Goiás, 2024-09-05) Brito, Jéssica da Silva; Geraldi, Anne Pimentel; http://lattes.cnpq.br/4203461457342854; Rossito, Flávia Donini; http://lattes.cnpq.br/6736700499041026; Rossito, Flávia Donini; Souza Filho, Carlos Frederico Marés de; Pedro, Juliana MonteiroThe debate on the protection and preservation of agrobiodiversity is one of the most important environmental issues today, as the genetic erosion of biological diversity in the environment increases. The main cause is the violent advance of the commodification and destruction of natural resources by agroindustrial capital, which imposes a homogeneous agricultural system through the technological package of transgenic seeds that has an impact on agricultural biodiversity and the associated sociocultural diversity. A process in which the State corroborates with instruments of legitimacy, since economic relations determine legal relations, and in this way, the legal system turns to regulating the agricultural system of commodity production, granting intellectual property protection to industrial seeds, while restricting an age-old practice of peasants of saving their seeds for the next crop. In addition, it leads to the informal production of native seeds by peasants. The conflict between socio-environmental rights and individual commercial interests involving seeds is aggravated by the advance of genetic contamination of native seeds, resulting in losses and damages that go far beyond the issue of production. In this sense, seeds, which are the heart of agriculture, constitute a territory of conflict and control. Thus, the research aims to identify the impacts and legal implications on the socioenvironmental rights of peasants in relation to the problem of genetic contamination of native seeds by transgenic seeds. The methodology adopted for the research was exploratory-descriptive, using bibliographic and documentary sources to collect information and data. And as a method of approach, the historical-dialectical materialist is used, in which the analysis of the historical process of economic and social development is considered to understand the relations of production that condition the creation of the current legal-political system. As a result, we identified that native seeds are essential to guarantee the conservation of agrobiodiversity and food security; the practice of the Popular Peasant Movement reaffirms the socio-environmental rights of peasants; that the legislation that aims to regulate the production and commercialization of seeds is geared towards serving the formal market of industrial seeds and establishes requirements that are difficult for farmers to achieve; genetic contamination causes direct harm to farmers of an economic, productive, cultural and legal nature, and also indirect harm to society as a whole and constitutes a violation of the right of farmers to biodiversity and the state's duty to protect the Environment with regard to preserving the integrity of the genetic heritage; and finally, that there are no effective institutional actions to curb the genetic contamination of Creole seeds, since the coexistence norm is insufficient and ineffective.Item As parcerias, o desenvolvimento rural e o avanço neoliberal no campo: uma análise do projeto Pontal de Petrolina em Pernambuco(Universidade Federal de Goiás, 2018-02-22) Silva, Thiago Henrique Costa; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Machado, Vilma de Fátima; Belaidi, Rabah; Ribeiro, Dinalva DonizeteThis master's thesis in Agrarian Law is developed with the objective of analyzing the attempts to implement concessionary models in the Pontal Project in Petrolina, Pernambuco, and the adequacy of such legal-political instruments to approach the Brazilian agrarian question. Faced with the absence of a rural development project, based on land reorganization and public policies that reduce the social and economic inequalities of the countryside, as well as environmental degradation, inserting the different subjects and their ways of life into their propositions, together with the supposed insufficiency of state resources, partnerships between public power and private power could be an alternative to be universal? To answer this question, the hypothesis is that the partnerships are part of a neoliberal development model, while the agrarian question must be addressed from a socio-environmental perspective, considering nature and society as the center of public policies, rather than economic growth. Using a qualitative approach, based on a bibliographical, documentary and jurisprudential research, in addition to the indirect data analysis, it intends to contextualize the agrarian question and the concessionary models within a political and juridical scenario very influenced by the neoliberal ideals, based on a critical analysis of the interactions between market, state and society and their contradictions. Considering the failures of the concessional models in the Pontal project, the need for an institutional rearrangement that allows the implementation of public policies and a rural development project in a socio-environmental proposal, as opposed to the neoliberal model.Item Amargo ou doce cultivo? uma análise da realidade e das lutas travadas pelas mulheres rurais no Brasil(Universidade Federal de Goiás, 2024-08-12) Otesbelgue, Renata Caetano; Rossito, Flavia Donini; http://lattes.cnpq.br/6736700499041026; Rossito, Flavia Donini; Arruda, Andre Felipe Soares de; Torres, Katya Regina IsaguirreThis work proposes to analyze the struggles of rural women in Brazil, gender issues and equal rights, in the light of Law, as it incorporates much more than contractual regulations, as social justice is among its purposes, considering the laws Brazilian companies, in the effectiveness of this guarantee. From this perspective, we intend to rescue the silenced history of rural women, highlighting their contributions to the population, addressing gender discussions, the lives of these women in capitalist society and the social roles that patriarchy places on them, such as the sexual division of work to exploit their labor and make invisible their fierce subsidy to the right to food in the Brazilian domestic market, as well as their power to generate work through family and agroecological agriculture, so that the holder of capital, man white, straight and rich, accumulate more and more wealth. The present study will use the dialectical historical materialist method to support the research and intends to use the Document Analysis technique, where data on rural women will be collected from various documents such as documentaries, the Sidra/IBGE agricultural sense, among others that are aimed at to answer questions that this work proposes. It is also noteworthy that the data collected will be discussed in a qualitative way, seeking to understand the meaning and relationships expressed. In this way, the theoretical framework that will guide the theme of women and equal rights endorsed in discussions of gender, work, society and action in rural areas will have some authors highlighted, namely Heleieth Saffioti, Silvia Federici, Mary del Priore, Gerda Lerner and Zuleika Alambert, among others, who will guide the chapters of this study. In view of the above, it is hoped that this work breaks with the idea of a feminism with urban roots, as rural women also need to have a voice, in a more egalitarian society under construction.Item A proteção da biodiversidade frente ao avanço do ecoturismo na comunidade quilombola Kalunga do Engenho II(Universidade Federal de Goiás, 2024-03-05) Pereira, Hansmüller Salomé; Tárrega , Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Solazzi , José Luís; http://lattes.cnpq.br/8633725753223725; Solazzi, José Luís; Marin, Eriberto Francisco Bevilaqua; Silva, Roberto Baptista Dias daEcotourism brings together in its theoretical conception the socioeconomic, ecological, cultural and educational, representing an important instrument for the sustainable development, notably in traditional communities quilombolas, groups historically marginalized and segregated in society. Along this path, the research on screen will reflect on the normative and practical protection of biodiversity in the face of the expansion of ecotourism practiced in the Community Quilombola Kalunga do Engenho II. The scientific responsibility that justifies the carrying out the research focuses on the hypothesis of the necessary adoption of measures legal administrative and public-private actions to fully guarantee protection, conservation and recovery of biodiversity in the ecosystems visited, deontology constitutionally addressed to everyone to guarantee an environmentally friendly ecologically balanced for present and future generations. Walking the route contributory intellectual effort aimed at protecting the diversity of life forms, eco-sustainable use of land, generation and distribution of social justice, development of ecological awareness and realization of rights concerning territoriality and culturality of traditional quilombola peoples, identify, interpreting, understanding and reflecting on ecotourism phenomenology is essential for propose measures and actions to achieve the full protection of biodiversity. Therefore, theory and practice mix in the reflective hermeneutic-exegetic process of scientific construction of this journey, structuring the work into 03 chapters, the first theoretical-epistemological part being about concepts, definitions and regulations related to ecotourism and biodiversity, the second part hermeneutic-ontological with on-site research in Cavalcante/GO and in the Community Quilombola Kalunga do Engenho II to diagnose, observe and record knowledge and ecotourism practices in the village, and the third analytical-dialectical conclusive part with legal-exegetical epistemological and ontological reflections that involve the effectiveness, efficiency and effectiveness of biodiversity protection in the face of the growth of ecotourism, with a final presentation suggesting administrative measures, operational, educational and legal-normative to guarantee the full protection of biological diversity. In the empirical-qualitative methodological approach, interview, questionnaire, oral history recording and observation techniques were used participant to diagnose, mainly, the perception of public authorities and quilombolas on the environmental, cultural and socioeconomic impacts caused by ecotourism. As a theoretical reference, hermeneutics was used exegesis with an emphasis on the multidisciplinary approach alluding to the concepts and definitions that deal with ecotourism and biodiversity, and jus-philosophy for the lessons de Reale (1994), Dworkin (2000), Alexy (2008; 2011), Bobbio (1999) and Canotilho (1983) to interpret the respective regulations on such topics, seeking syncretically understand the phenomenon to propose ecotourism improvements epistemological and ontological, thus realizing a contributory legacy to the present and future generations of the Academy of Legal Sciences and other areas of Knowledge, Kalunga People, Cavalcantense Community and ecotourists from all parts of Brazil and the world.Item Crimes agrários e da proteção estatal do campesino no Brasil: da (in)aplicabilidade da teoria do domínio do fato na punição dos mandantes de homicídios no meio rural(Universidade Federal de Goiás, 2024-03-12) Souza, Cristiano de Freitas; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Rosero, Álvaro Maurício Chamorro; Chagas, Afonso Maria dasIn Brazil, there are several conflicts over possession and ownership of land, which are presented for the occurrence of crimes, among them, homicide committed against people living in rural areas, when the action comes from the order of a principal to commit the crime. In this sense, the objective was to analyze the rules related to the competition of people described in art. 29, of the Penal Code, verifying whether they are sufficient to prevent and reprove criminal injustice, as well as the possibility of applying the theory of mastery of the fact in cases of “pistoling” or “mercenary homicide” in the field. In this context, it has become relevant to know the historical factors behind the formation of agrarian property and its effects today, and whether or not these facts are contributory elements to the existence of various disputes over areas, in addition to the occurrence of crimes due to issues related to Earth. Furthermore, the intention was to verify whether the characterization of the peasant as an enemy is an instrument for maintaining the dominant elite and dominating the excluded as a strategy of capital. In this sense, emblematic cases that occurred on national soil and current data on violence in the field of the Pastoral Land Commission, specifically those referring to the period from 2017 to 2022, prove the thematic relevance of this study, as the intention is to create alternatives to reduce criminal offenses in the agricultural sphere and, consequently, preserve lives, through a regulatory system that aligns criminal norms with effective public policies on access to land, which can lead to a reduction in homicides. It is observed that when the figure of the “land-invading enemy” was created, the consequence was his elimination from the “good society”, the loss of citizenship, privileging the interests of landowners and rural entrepreneurs. And, within the scope of criminal law effectiveness, it was noted that there are several theories about the concurrence of people, without, however, resolving the problem of indirect authorship. And, added to this, the theory of mastery of fact cannot be used in all cases of mediate authorship; as well as the lack of consensus in the jurisprudence of the Superior Court of Justice on the possibility of applying the qualifier of art. 121, § 2o, I, of the Penal Code, to the principal, and the ineffectiveness of the Jury Court procedure, demonstrate the need to change the Penal Code, to objectively provide for the rules on indirect authorship, and the Criminal Procedure Code, to improve the judgment of crimes of manslaughter in rural areasItem A efetividade jurídica do PNAE: estudo dos anos 2017 a 2019 no estado de Goiás(Universidade Federal de Goiás, 2023-10-27) Gomes, Luciana de Almeida; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Belaidi, Rabah; Dal Bosco, Maria Goretti; Torres, Katya Regina IsaguirreThe objective of this work is to identify the main problems faced in the execution of the Programa Nacional de Alimentação Escolar, in the state of Goiás, with regard to purchase of 30% from family farming. The methodology of participant observation was chosen and used, with a view to enabling this researcher achieve a holistic perspective of the topic under discussion, as well as better understand the challenges encountered in the good execution of the public food policy in question. The PNAE is the oldest public food policy in Brazil and one of the largest school feeding programs in the world. It offers school meals, as well as food and nutrition education actions, to students from all stages of basic education enrolled in public and philanthropic schools and in community entities – in partnership with the government. With the publication of Law No. 11,947/2009, the program became a legal framework for public policies on Food and Nutritional Security (SAN), promoting the Human Right to Adequate Food (DHAA) in the school community, based on inclusion family farmers as food suppliers for the PNAE. In short, the PNAE acts strategically: as a guarantee of adequate food for students and as a vector for the development of family farmers. In the performance of the Program's activities, regarding the technical and operational assistance of the PNAE in the municipalities of Goiás, the work of the Collaborating Center for School Food and Nutrition at the Federal University of Goiás (CECANE UFG) stands out. Based on this perspective, the work was structured in two parts. The first, predominantly dogmatic, in which it is intended, from a historical understanding, to elaborate concepts, contextualize the theme, and thus build the basis of the research. The second, predominantly empirical, consists of the effective treatment of the experience reports obtained (whether by this researcher, through observation and qualified listening, or from the members of CECANE UFG and the social actors involved in the PNAE) and by the analysis of collected documents. From this construction of thought, we sought to examine the legal effectiveness of the Program, detecting the hindrances founds in its good execution.Item A mulher na luta pela terra: da expropriação à subversão(Universidade Federal de Goiás, 2022-08-26) Rego, Julyana Macedo; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda; Arruda, André Felipe Soares de; Tárrega, Maria Cristina Vidotte Blanco; Martins, Carla BenitezViolence is not a phenomenon that can be explained unilaterally, dissociated from the analysis of gender, race and class categories, given the consubstantiality of relationships. In view of this, the present work proposes to analyze the violence suffered by rural women in the process of resistance to land expropriation. This is because, according to data from the Conflitos no Campo Brasil 2018 dossier, between 2009 and 2018, 1,409 cases of violence against women were recorded in the context of the struggle for land, demonstrating the urgency of the present analysis, in particular, in view of underreporting. . To achieve the proposed objective, the method of bibliographic review was adopted, based on the study of specialized works on the subject. In another turn, in order to give an empirical character to the research, official data were inserted that deal with the difficulty of access to land, as well as the violence perpetrated on these subjects, when practicing acts of resistance and confrontation with the established order. It is also worth noting that it was a political and academic option to adopt a feminist and Marxist theoretical framework, one because science sometimes ignores women's production and, two, because a work on women, done by a woman, it would prove to be - at the very least - incoherent if it had as a reference the theories conceived by men. It does not mean, however, that, at times, works/theories written by men were not consulted, but this was done in a minority way. Regarding the way of writing, to facilitate understanding, the work is structured in three sections. In the first one, an approach was made about the feminist movement, which, in addition to the character of a social movement, constitutes a critical theory of white, Eurocentric, misogynistic and patriarchal science. Subsequently, it was explained about the Feminist Theory of Law and its impact on this extremely conservative field and, afterwards, it was possible to deal with the system of oppression and domination of women, focusing on the biological analysis and the sexual and racial division of the job. In the second section, the process of land expropriation was explained, arising, above all, with capitalism, denouncing, even, the emergence of the very concept of private property. To this end, it was demonstrated that, for the functioning of capitalism, it was necessary for rural workers to leave their lands, to work in the factory model, in an urban area. But to force them to do so, it was necessary to break the idea of the common good, giving rise to enclosures. Afterwards, it was demonstrated that this process has specific characteristics when it comes to women, and, to prove it, an analysis was made of women's rights in the country, in particular, regarding the capacity theory and its implications regarding to the acquisition of the property. Afterwards, it was shown that, strained by the pressure of the feminist movement, the Brazilian Judiciary has - albeit in a very inaugural way - recognize gender violence, when analyzing concrete cases. Having traversed this path, it was possible to reach the third section and, in it, the rural women's movement in Brazil was addressed, focusing on the emergence of the so-called peasant feminism. Subsequently, data were brought about the violence perpetrated on female subjects during the struggle for land. In the end, it was possible to conclude that violence against rural women is a serious phenomenon and intentionally ignored by the State, which does so, it should be noted, in order to maintain the status quo that privileges the Brazilian agrarian elite.Item Mineração e territorialidades indígenas: pandemia e contradição estatal(Universidade Federal de Goiás, 2023-03-07) Sebastião, Joana Gabriela Diniz; Caleiro, Manuel Munhoz; http://lattes.cnpq.br/5142709078738401; Caleiro, Manuel Munhoz; Arruda, André Felipe Soares de; Colman, Rosa SebastianaMining is an extractive activity with a high capacity for decimating nature. In turn, it is one of the economic activities that is part of the list of developmental and neoliberal policies exercised since the early 1980s in Brazil, but has a history of compromising the well-being of nature and traditional populations, such as indigenous peoples, since the European colonization of the American continent. The genocide in the face of indigenous peoples was not stopped with the advent of capitalism, it only transformed the already existing colonization. The catastrophe of the junction between State, capital and mining is once again perceptible, when the new coronavirus pandemic spreads across planet Earth, and the decimation of indigenous populations and nature remains, by Decree no 10.282/2020, when it became the mining as an essential activity, in the midst of the chaos that was putting the lives of the entire Brazilian population at risk, but the danger suffered by indigenous peoples with the state’s failure to take political decisions during the critical period of the pandemic stands out. Thus, in this dissertation, the hypothesis of the contradiction between the reality of indigenous peoples and their territoriality living in constant threat is raised, in view of the provisions of articles 231 and 232 of the Federal Constitution, and the propulsion of mining in indigenous territories, taking advantage of the pandemic by COVID-19. The general objective was to evaluate the state contradiction in the face of the developmental policy unfolded in Brazil, and the protection and demarcation of indigenous territories, in the face of the social and economic dynamics of neoliberalism, during the pandemic. With that, the specific objectives are to describe mining in Latin America, understanding the socio-environmental and economic context and the territorial organization, as it is reflected in the present day; verify the effects of the pandemic on capitalism and indigenous populations in Brazil; finally, verify the contradictions of the State between protecting indigenous territories and promoting mining. The methodology of approach used is the historical and dialectic materialism, with a methodology of procedure of bibliographic research, audiovisual and collection of data in the state autarchies. The conclusion was that the state contradiction became more flagrant in the face of the pandemic, by defining mining as essential for the Brazilian population, even if its action processes provoke agrarian conflict, death by intoxication, the destruction of nature and compromise the well-being of indigenous peoples.