Mestrado em Direito Agrário (FD)

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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 Ramos
Given 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.
‘‘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 de
This 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.
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 Pinotti
Debates 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.
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.
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 Monteiro
The 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.
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 Donizete
This 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.
Amargo ou doce cultivo? uma análise da realidade e das lutas travadas pelas mulheres rurais no Brasil
(Universidade Federal de Goiás, 2024-08-12) Otesbelgue, Renata Caetano; Rossito, Flavia Donini; http://lattes.cnpq.br/6736700499041026; Rossito, Flavia Donini; Arruda, Andre Felipe Soares de; Torres, Katya Regina Isaguirre
This work proposes to analyze the struggles of rural women in Brazil, gender issues and equal rights, in the light of Law, as it incorporates much more than contractual regulations, as social justice is among its purposes, considering the laws Brazilian companies, in the effectiveness of this guarantee. From this perspective, we intend to rescue the silenced history of rural women, highlighting their contributions to the population, addressing gender discussions, the lives of these women in capitalist society and the social roles that patriarchy places on them, such as the sexual division of work to exploit their labor and make invisible their fierce subsidy to the right to food in the Brazilian domestic market, as well as their power to generate work through family and agroecological agriculture, so that the holder of capital, man white, straight and rich, accumulate more and more wealth. The present study will use the dialectical historical materialist method to support the research and intends to use the Document Analysis technique, where data on rural women will be collected from various documents such as documentaries, the Sidra/IBGE agricultural sense, among others that are aimed at to answer questions that this work proposes. It is also noteworthy that the data collected will be discussed in a qualitative way, seeking to understand the meaning and relationships expressed. In this way, the theoretical framework that will guide the theme of women and equal rights endorsed in discussions of gender, work, society and action in rural areas will have some authors highlighted, namely Heleieth Saffioti, Silvia Federici, Mary del Priore, Gerda Lerner and Zuleika Alambert, among others, who will guide the chapters of this study. In view of the above, it is hoped that this work breaks with the idea of a feminism with urban roots, as rural women also need to have a voice, in a more egalitarian society under construction.
A proteção da biodiversidade frente ao avanço do ecoturismo na comunidade quilombola Kalunga do Engenho II
(Universidade Federal de Goiás, 2024-03-05) Pereira, Hansmüller Salomé; Tárrega , Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Solazzi , José Luís; http://lattes.cnpq.br/8633725753223725; Solazzi, José Luís; Marin, Eriberto Francisco Bevilaqua; Silva, Roberto Baptista Dias da
Ecotourism brings together in its theoretical conception the socioeconomic, ecological, cultural and educational, representing an important instrument for the sustainable development, notably in traditional communities quilombolas, groups historically marginalized and segregated in society. Along this path, the research on screen will reflect on the normative and practical protection of biodiversity in the face of the expansion of ecotourism practiced in the Community Quilombola Kalunga do Engenho II. The scientific responsibility that justifies the carrying out the research focuses on the hypothesis of the necessary adoption of measures legal administrative and public-private actions to fully guarantee protection, conservation and recovery of biodiversity in the ecosystems visited, deontology constitutionally addressed to everyone to guarantee an environmentally friendly ecologically balanced for present and future generations. Walking the route contributory intellectual effort aimed at protecting the diversity of life forms, eco-sustainable use of land, generation and distribution of social justice, development of ecological awareness and realization of rights concerning territoriality and culturality of traditional quilombola peoples, identify, interpreting, understanding and reflecting on ecotourism phenomenology is essential for propose measures and actions to achieve the full protection of biodiversity. Therefore, theory and practice mix in the reflective hermeneutic-exegetic process of scientific construction of this journey, structuring the work into 03 chapters, the first theoretical-epistemological part being about concepts, definitions and regulations related to ecotourism and biodiversity, the second part hermeneutic-ontological with on-site research in Cavalcante/GO and in the Community Quilombola Kalunga do Engenho II to diagnose, observe and record knowledge and ecotourism practices in the village, and the third analytical-dialectical conclusive part with legal-exegetical epistemological and ontological reflections that involve the effectiveness, efficiency and effectiveness of biodiversity protection in the face of the growth of ecotourism, with a final presentation suggesting administrative measures, operational, educational and legal-normative to guarantee the full protection of biological diversity. In the empirical-qualitative methodological approach, interview, questionnaire, oral history recording and observation techniques were used participant to diagnose, mainly, the perception of public authorities and quilombolas on the environmental, cultural and socioeconomic impacts caused by ecotourism. As a theoretical reference, hermeneutics was used exegesis with an emphasis on the multidisciplinary approach alluding to the concepts and definitions that deal with ecotourism and biodiversity, and jus-philosophy for the lessons de Reale (1994), Dworkin (2000), Alexy (2008; 2011), Bobbio (1999) and Canotilho (1983) to interpret the respective regulations on such topics, seeking syncretically understand the phenomenon to propose ecotourism improvements epistemological and ontological, thus realizing a contributory legacy to the present and future generations of the Academy of Legal Sciences and other areas of Knowledge, Kalunga People, Cavalcantense Community and ecotourists from all parts of Brazil and the world.
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 das
In 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 areas
A efetividade jurídica do PNAE: estudo dos anos 2017 a 2019 no estado de Goiás
(Universidade Federal de Goiás, 2023-10-27) Gomes, Luciana de Almeida; Belaidi, Rabah; http://lattes.cnpq.br/4786158485416951; Belaidi, Rabah; Dal Bosco, Maria Goretti; Torres, Katya Regina Isaguirre
The objective of this work is to identify the main problems faced in the execution of the Programa Nacional de Alimentação Escolar, in the state of Goiás, with regard to purchase of 30% from family farming. The methodology of participant observation was chosen and used, with a view to enabling this researcher achieve a holistic perspective of the topic under discussion, as well as better understand the challenges encountered in the good execution of the public food policy in question. The PNAE is the oldest public food policy in Brazil and one of the largest school feeding programs in the world. It offers school meals, as well as food and nutrition education actions, to students from all stages of basic education enrolled in public and philanthropic schools and in community entities – in partnership with the government. With the publication of Law No. 11,947/2009, the program became a legal framework for public policies on Food and Nutritional Security (SAN), promoting the Human Right to Adequate Food (DHAA) in the school community, based on inclusion family farmers as food suppliers for the PNAE. In short, the PNAE acts strategically: as a guarantee of adequate food for students and as a vector for the development of family farmers. In the performance of the Program's activities, regarding the technical and operational assistance of the PNAE in the municipalities of Goiás, the work of the Collaborating Center for School Food and Nutrition at the Federal University of Goiás (CECANE UFG) stands out. Based on this perspective, the work was structured in two parts. The first, predominantly dogmatic, in which it is intended, from a historical understanding, to elaborate concepts, contextualize the theme, and thus build the basis of the research. The second, predominantly empirical, consists of the effective treatment of the experience reports obtained (whether by this researcher, through observation and qualified listening, or from the members of CECANE UFG and the social actors involved in the PNAE) and by the analysis of collected documents. From this construction of thought, we sought to examine the legal effectiveness of the Program, detecting the hindrances founds in its good execution.
A mulher na luta pela terra: da expropriação à subversão
(Universidade Federal de Goiás, 2022-08-26) Rego, Julyana Macedo; Paula, Helga Maria Martins de; http://lattes.cnpq.br/7617126066026167; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda; Arruda, André Felipe Soares de; Tárrega, Maria Cristina Vidotte Blanco; Martins, Carla Benitez
Violence is not a phenomenon that can be explained unilaterally, dissociated from the analysis of gender, race and class categories, given the consubstantiality of relationships. In view of this, the present work proposes to analyze the violence suffered by rural women in the process of resistance to land expropriation. This is because, according to data from the Conflitos no Campo Brasil 2018 dossier, between 2009 and 2018, 1,409 cases of violence against women were recorded in the context of the struggle for land, demonstrating the urgency of the present analysis, in particular, in view of underreporting. . To achieve the proposed objective, the method of bibliographic review was adopted, based on the study of specialized works on the subject. In another turn, in order to give an empirical character to the research, official data were inserted that deal with the difficulty of access to land, as well as the violence perpetrated on these subjects, when practicing acts of resistance and confrontation with the established order. It is also worth noting that it was a political and academic option to adopt a feminist and Marxist theoretical framework, one because science sometimes ignores women's production and, two, because a work on women, done by a woman, it would prove to be - at the very least - incoherent if it had as a reference the theories conceived by men. It does not mean, however, that, at times, works/theories written by men were not consulted, but this was done in a minority way. Regarding the way of writing, to facilitate understanding, the work is structured in three sections. In the first one, an approach was made about the feminist movement, which, in addition to the character of a social movement, constitutes a critical theory of white, Eurocentric, misogynistic and patriarchal science. Subsequently, it was explained about the Feminist Theory of Law and its impact on this extremely conservative field and, afterwards, it was possible to deal with the system of oppression and domination of women, focusing on the biological analysis and the sexual and racial division of the job. In the second section, the process of land expropriation was explained, arising, above all, with capitalism, denouncing, even, the emergence of the very concept of private property. To this end, it was demonstrated that, for the functioning of capitalism, it was necessary for rural workers to leave their lands, to work in the factory model, in an urban area. But to force them to do so, it was necessary to break the idea of the common good, giving rise to enclosures. Afterwards, it was demonstrated that this process has specific characteristics when it comes to women, and, to prove it, an analysis was made of women's rights in the country, in particular, regarding the capacity theory and its implications regarding to the acquisition of the property. Afterwards, it was shown that, strained by the pressure of the feminist movement, the Brazilian Judiciary has - albeit in a very inaugural way - recognize gender violence, when analyzing concrete cases. Having traversed this path, it was possible to reach the third section and, in it, the rural women's movement in Brazil was addressed, focusing on the emergence of the so-called peasant feminism. Subsequently, data were brought about the violence perpetrated on female subjects during the struggle for land. In the end, it was possible to conclude that violence against rural women is a serious phenomenon and intentionally ignored by the State, which does so, it should be noted, in order to maintain the status quo that privileges the Brazilian agrarian elite.
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 Sebastiana
Mining 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.
Função contramajoritária do Supremo Tribunal Federal na proteção dos elementos culturais imateriais dos povos indígenas
(Universidade Federal de Goiás, 2023-05-03) Caixeta, Marília Araújo; Fontenele, Alysson Maia; http://lattes.cnpq.br/5916938811645981; Fontenele, Alysson Maia; Munhoz Caleiro, Manuel; Silva, Liana Amin Lima da
The theme of the dissertation promotes a reflection on the role of the judiciary in protecting the intangible cultural rights of indigenous peoples, understood as a subjective cultural space that demands attention for its perpetuation over time. Thus, the research problem is whether there is a power-duty of the countermajoritarian role in protecting the cultural rights of indigenous peoples. In turn, the hypothesis resists in the affirmation that there is a function in the Federal Constitution, at the same time that this function can be a remedial mechanism for the violence suffered by native peoples. The general objective is to penetrate this subjective cultural space in modern legal dogmatics and to value it. In view of these needs, the research supports the basic theories and thoughts built by Peter Haberle and Boaventura de Souza Santos, in order to try to make a paradigmatic transition of the current judicial system, so that it reaches legal pluralism and effectiveness of the diversity of rights that are affirmed. The method used is the hypothetical-deductive, using bibliographic technique and comparative analysis of judicial decisions. Finally, the research shows the importance of rethinking the role of countermajoritarianism by expanding the interpretation of the constitutional norm beyond state institutions, because for the legitimacy of the Democratic State of Law it is necessary to insert other more democratic interpretations. The broadening of the interpretation allows the re-signification of law, as an autonomous social field, for social transformation, since the current judicial system, rooted in hegemonic western assumptions that need to be broken
Poder municipal e direito agrário: alcance do poder normativo municipal para regulação de atividades agrárias implicadas na tutela do desenvolvimento local sustentável
(Universidade Federal de Goiás, 2012-12-04) Morais, Rafaela Pereira; Melo, Luiz Carlos Figueira de; http://lattes.cnpq.br/9459320248524669; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Marin, Eriberto Francisco Beviláqua; Carvalho, Luciani Coimbra de
This paper develops research on the scope and limits of Municipal Power in the regulation of agricultural activities in an attempt to demonstrate the relationship between the municipal powers outlined in the 1988 Federal Constitution, the system of government adopted in Brazil after the promulgation of this Constitution, constitutionalism and the relationship between the Agrarian Law, Environmental Law and Sustainable Development. The proposal is a (re) interpretation of the constitutional model of assignments skills with a focus on crosscutting and interdisciplinary social issues present in the body of the 1988 Constitution. Changing the concept of federalism, from its creation to the contemporary era, as is demonstrated through founding the (re) interpretation of the constitutional model described. Resulting from this new conception of federalism, are also altered concepts as democracy, citizenship, rule of law (for Rule of Law) and Fundamental Rights. From these premises, with the inclusion of the principle of human dignity as the foundation of the Federal Republic of Brazil is advocating that the city, as federal entity closest to the citizen, is the main entity capable of effecting sustainable local development, ensuring quality of life for present and future generations.
Proteção jurídica das práticas e territorialidades específicas das comunidades ayahuasqueiras
(Universidade Federal de Goiás, 2023-04-25) Teles, Marcus Vinícius Santana; Dantas, Fernando Antônio de Carvalho; http://lattes.cnpq.br/4265365823959236; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Souza Filho, Carlos Frederico Marés de; Irigaray, Carlos Teodoro José Hugueney
Ayahuasca is a sacred drink used in a ritual way since time immemorial by the native Amazonian and Andean peoples. In Brazil, during the 20th century, the ritual use of ayahuasca increased among non-indigenous peoples, culminating in syncretic religions that later expanded beyond the Amazonian territory, including internationally. The relationship of these subjects with ayahuasca and consequently with the territory/nature is guided by ancestry and spirituality, that is, a conception that Nature is sacred, materialized through a harmonious relationship with Nature. That is, the specific practices and territorialities of the ayahuasca communities are not guided solely by a marketing relationship with the territory. These specific practices and territorialities are part of Brazilian culture, with their protection guaranteed by CRFB/88, which explicitly recognizes the plurality of Brazilian culture and within the scope of international protection and human rights, primarily by Convention 169 of the ILO. For these reasons, through the legal-sociological aspect, studying the legal phenomenon in the social environment and using deductive/inductive reasoning. We carried out a bibliographical review and a qualitative analysis of the specific practices and territorialities of the ayahuasca communities and their consequent spiritual relationship with the land /Nature. To conclude that territory and culture are inseparable. Therefore, the protection of ayahuasca practices is essential to guarantee and protect the territory and, consequently, the cultural heritage and identity of different subjects and communities. In addition, as these subjects promote movements in defense of their territorialities, they create a plural right of a counter-hegemonic character based on the preservation of Nature, on the consideration of individualism and the notions of private property.
Aquisição de imóveis rurais por estrangeiros e os efeitos do land grabbing no Brasil: uma análise legal e jurisprudencial no período de 2012 a 2023
(Universidade Federal de Goiás, 2023-08-29) Faria, Paulo Henrique; Marin, Eriberto Francisco Beviláqua; http://lattes.cnpq.br/9078134881548192; Marin, Eriberto Francisco Beviláqua; Arruda, André Felipe Soares de; Silva, Arício Vieira da
The Constitution of the Republic of 1988, with regard to the acquisition of rural properties by foreigners and similar, took care to establish the differentiation of legal treatment between national and foreign natural and legal persons, at different times, in order to guarantee, for example, the sovereignty over its territory, in order to privilege people, capital and Brazilian products, with the aim of guaranteeing national development, in addition to promoting the construction of a free, fair and solidary society, aiming to eradicate poverty, marginalization and pursue the objective of reducing inequalities. In this vein, a study was proposed on the differences established between foreigners and nationals, originally by the aforementioned Constitution and, subsequently, by supervening laws and normative regulations. By means of a hypothetical-deductive methodological approach, the starting point was the analysis of the general standardization on the subject for a specific proposal. At first, the process of Brazilian territorial formation was investigated, especially linked to the construction of agrarian law in Brazil. The effects of the land grabbing phenomenon in several countries around the world were unveiled, in order to understand the possible current effects of this phenomenon in Brazil, especially in the federal legislative scope. Once the guiding assumptions on the infraconstitutional laws were fixed, the respective normative instruments issued by the federal control bodies on such transactions involving foreign capital were analyzed. For purposes of temporal delimitation, although the normative exposition was complete, it was decided to shed more light on the changes that occurred between the years 2012 and 2023. due to the changes brought by Laws nº 13.097/2015 and 13.986/2020 in Laws nº 5.709/1971 and 6.634/1979. The temporal delimitation was still useful to position the reader about the most recent judicial positions on the subject of acquisition of rural properties by foreigners and similar, notably in the historical period after the edition of Opinion nº LA-01, of August 19, 2010. 17 (seventeen) cases decided by Brazilian Courts were selected. In terms of spatial limitation, we chose to select cases from the Courts of Justice of the States of São Paulo and Goiás, Federal Regional Courts of the 3rd, 4th and 5th Regions, the Superior Court of Justice and the Federal Supreme Court. The new configurations of land and capital that emerged from 2012 to 2023 were investigated, from a legal-legislative perspective, whether in legal analysis or in jurisprudential analysis. In this perspective, in the end, the exposition of the capillarity of land grabbing in Brazil was carried out from a critical perspective, to note the effects of such changes in Brazilian legislation. It was noticed that the easing of Brazilian legislation on the acquisition of land by foreigners, evidences a deepening of the process of financialization of land in Brazil and an extension of the phenomenon of land grabbing at the federal legislative level, in the analyzed period. With regard to the jurisprudential analysis, the results found were also exposed at the end.
Mineração em terras indígenas: autodeterminação dos povos, princípio da harmonia com a natureza e interpretação constitucional
(Universidade Federal de Goiás, 2023-04-14) Cabral, Marcelo Budal; Fontenele, Alysson Maia; http://lattes.cnpq.br/5916938811645981; Fontenele, Alysson Maia; Dantas, Fernando Antonio de Carvalho; Mamed, Danielle de Ouro
Unlimited economic growth, with disregard for planetary limits, is a project without a future (without Nature there is no life). From the interpretation established by the Inter-American Court of Human Rights (I/A Court H.R) expressed in the Advisory Opinion 23/2017, recognizing (i) the interrelationship between human rights and the environment and (ii) the autonomy of the right to a healthy environment (autonomous law, which prescribes the duty of protection to all beings of Nature as legal interests in themselves, regardless of affecting any human right), understanding ratified in the contentious case of the Lhaka Honhat Indigenous Communities versus Argentina, there is a new paradigm under construction, which requires re-readings and resignifications of all legal provisions (evolutionary interpretation), including the Federal Constitution (constitutional mutation). Rights of Nature mark an ecological transition in law, a transition of paradigms that imposes the duty to act in accordance with the principle of harmony with Nature. It is the abandonment of anthropocentrisms (classic and mitigated) towards biocentrism/ecocentrism, which recognize to Nature and beings of Nature the ownership of rights, breaking with the dualism between humanity and Nature, not admitting its split. As a consequence, alternatives to development are needed, which, in practice, are implemented with a transition regime (agroecological, energy and a circular economy). Thus, although contemporary (complex) societies and (cultural/social) life as we know it are dependent on mining, respect for ecological cycles determines limits to this activity. There is also the right to self-determination of indigenous peoples (the right of a people to exist as such, a right of existence or coexistence, that is, the opposite of acculturation and assimilation). Mining on indigenous lands cannot continue without respect for the will - selfdetermination - of indigenous peoples and without respect for the rights of Nature (new rights holder, also called to demonstrate). The central problem is: in a normative system that ensures the right to selfdetermination of indigenous peoples and the rights of Nature, is mining allowed? The hypothesis is that for places where mining already exists, a transitional regime must be ensured. For the places where life in harmony with Nature already exists, it is not a case of transition, but of protection, to allow its continuity/ existence. The objective is to investigate the possibility of mining in indigenous territories, considering the right to self-determination of affected peoples and the rights of Nature (recognized its application in Brazil, from a re-signification of the Constitution - including the entire block of constitutionality and precedents of the I/A Court H.R – supported by the biocentric/ecocentric paradigm). The chapters of the research deal with the right to self-determination, the rights of Nature and the duty of transition. The research methodology consists of an interdisciplinary literature review on the subject, documentary analysis (case analysis), hermeneutic approach to the doctrine, the precedents of the I/A Court H.R and other Courts, and comparative constitutional analysis about the rights of Nature. It is a bibliographical, documentary and comparative constitutional analysis, with a hermeneutic approach. The theoretical framework is divided into several parts (according to the chapters), having as main references Germana de Oliveira Moraes (harmony with Nature) and HansGeorg Gadamer (hermeneutics). Finally, on the possibility of realization of the rights of Nature, the method is the hypothetical-deductive.
A (in)efetividade da reforma agrária por meio judicial: estudo a partir das ações de desapropriação do noroeste goiano
(Universidade Federal de Goiás, 2023-03-30) Leão, João Batista Inácio; Siqueira, José do Carmo Alves; http://lattes.cnpq.br/2363520289946658; Siqueira, José do Carmo Alves; Ferreira, Adegmar José; Shiraishi Neto, Joaquim
The action of expropriation for agrarian reform purposes is regulated in the Federal Constitution of 1988, as well as in infra-constitutional laws, such as the Land Statute (Law n. 4.504/64), Law n. 8.629/93 and Complementary Law n. 76/93, the latter regulating its procedure in the judicial sphere. However, the model of judicial expropriation for agrarian reform along the lines established in the aforementioned laws did not manage to structurally change the framework of land concentration in Brazil, as it is a very bureaucratic, time-consuming and costly procedure for the treasury, with the Constituent Assembly 1988 missed the chance to simplify this model, reducing costs and procedures. This research is based on discussing and analyzing the reasons for this procedure, both through discussions before and after the 1988 Constitution and what role the Judiciary plays in resolving these conflicts, also analyzing the existing dichotomy between the right to property and its function Social. In order to carry out this study, a research method with a mixed focus (quantitative and qualitative) and documental focus was used on the administrative and judicial processes of INCRA that gave rise to the aforementioned expropriation actions, in order to prove the general objectives of the research, in the sense of understanding why judicial expropriation actions in the proposed model take so long and if this model ever proved to be effective. In order to respond to the object and problem of the research, the expropriation processes filed by INCRA (National Institute of Colonization and Agrarian Reform) in the Northwest region of Goiás (Rio Vermelho region), which comprises the cities of Goiás and Faina, encompassing the entirety of of 12 (twelve) lawsuits filed by the aforementioned federal autarchy, in progress or that were in progress at the Federal Court of the Judiciary Section of Goiás, in order, based on their analysis, to try to understand whether the agrarian reform program, through the action of expropriation , is being duly complied with and having an effect or, if not, what are the phenomena that contribute to this judicial institute not being effective, calling into question whether there was even interest in agrarian reform by the 1988 Constituent to insert it in the constitutional text the need for a judicial process of expropriation for this purpose, where it is concluded that this model is outdated and needs isa be immediately rethought.
A regularização fundiária rural: aquisição derivada ou originária e a incidência do ITBI para fins registrais no estado do Tocantins
(Universidade Federal de Goiás, 2023-03-13) Mota, Renatto Pereira; Siqueira, José do Carmo Alves; http://lattes.cnpq.br/2363520289946658; Siqueira, José do Carmo Alves; Santos, Leandro de Lima; Ferreira, Adegmar José
The present research proposes a study on the mode of acquisition to be considered when the rural land regularization of vacant lands in the State of Tocantins and the incidence of the Property Transfer Tax for the purposes of registration of the Administrative Title and/or definitive in the Registry of Properties. In depth, it aims to reach a plausible definition as to the type that characterizes the acquisition, whether it is original or derived, and the incidence of ITBI in the face of this definition for the purpose of consolidating the property through the registration of the administrative title issued by the government in vacant lands of the State, consolidating a legal, doctrinal and jurisprudential reasoning in the legal system on the incidence or not of ITBI in the act of registration of the title and the socioeconomic impact for family agriculture, subsistence, squatters, peasants, in the access to rural property through the public record of the definitive title. The absence of this definition has caused a disorganization of the land network in the State of Tocantins, with regard to social exclusion, overlapping records, agrarian conflicts, among other socioeconomic factors. The research will be based on the legal-dogmatic aspect, as it is based on the concept, interpretation and application of a legal norm regarding the incidence or not of ITBI from the definition of the acquisition mode given the rural land regularization, whether it is original or derived. Therefore, the research follows the methodological type (or legal investigation) called legal- exploratory, through the analysis of the institute of land regularization as a form of original or derivative acquisition and the collection of ITBI for the purpose of registering the administrative title, with its decomposition in several aspects. Defining the mode of acquisition is of paramount importance for the legal system, especially for the rural land regularization scenario, especially for land governance, agrarian law and real estate registration, as well as access to rural property, the social welfare and recovery of human dignity.
Aguydjeweté- racismo estrutural perpetrado aos povos indígenas pelo estado brasileiro: a nova estratégia do marco temporal
(Universidade Federal de Goiás, 2023-02-27) Ebeidalla, Fatahala Sampaio; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796 Link do orcid (se houver): https://orcid.org/0000-000; Arruda, André Felipe Soares de; Lacerda, Rosane Freire; Maia, Cláudio Lopes
Since colonization, the Brazilian state has, via the coloniality of power, organized an institutional structure aimed at maintaining racial privileges for the dominant classes. Enabling them, the right to private property, the appropriation of land, to the detriment of the denial of the original right of indigenous peoples for their territories, their territorialities and their way of life. As a result, the original peoples who were here, with an ancestry of thousands of years, witnessed over these five centuries the usurpation of their territories, the deprivation and attempt to cover up their cultures and the denial of their identity. Furthermore, to enable the realization of this “white” property right, indigenous peoples have historically been the target of exterminations and genocides, and continue to be subjected, to this day, to the same structural racism imposed by the segregating system contained in institutions and institutions. individuals who compose it. The present research consists of the analysis of the structural racism perpetrated by the Brazilian State against the Indigenous Peoples, throughout the historical process, culminating recently with the Temporal Framework Thesis of the indigenous lands, which tries to link the date of October 5, 1988, that is , of its enactment, as a framework for proving ownership or right to land by indigenous populations. In this context, representatives of world capitalist sectors linked to the ruralist caucus of the National Congress-CN, of agribusiness and mining, legally try, through this thesis, to make the demarcation of their lands unfeasible or relativize to indigenous peoples. Thus, making it impossible to demarcate and recognize their territories and, consequently, to enforce their original rights, which are constitutionally guaranteed from 1988 onwards. As a main hypothesis, this research proposes the analysis that: the most recent strategy of the Brazilian State in the implementation of structural racism, stimulated and expressed by the various hegemonic capitalist sectors present in the world and Brazilian state structure, acting via racialization, to maintain the Eurocentric and white property right. It will also be the main hypothesis to be analyzed: The possibility that the strategies in progress, and those outlined in the Brazilian State, to put into effect the thesis of the temporal framework, are generating an ecocide in the Amazon Biome, causing a mega-extinction of species, loss of biodiversity and destruction of an extremely important biome for the maintenance of life on the planet, which, in addition to making the possibility of survival of the Indigenous Peoples, which still remain in our country, impossible, also makes the conservation of important ecosystems impossible for the survival of present and future generations.

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