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    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.
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    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.
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    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.
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    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
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    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.
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    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.
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    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.
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    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.
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    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.
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    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.
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    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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    Mineração e garimpo em territórios indígenas e os impactos nos direitos culturais desses povos: o reflexo do mundo moderno que atinge a relação dos povos indígenas com a natureza
    (Universidade Federal de Goiás, 2023-02-28) Guimarães, Milena de Paula Faria; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Caleiro, Manuel Munhoz; Avzarade, Pedro Curvello Saavedra
    The theme of this research is mining on indigenous lands. Verify how mining on indigenous lands affects the cultural rights of the native peoples of these territories. The construction of the debate is in the relationship that indigenous people have with nature, and how this characteristic is necessary to the construction of social and cultural reality, as traditional ways. Nevertheless, in a different way, from the current conception of modernity, the dominant society is based on anthropocentric, ethnocentric, eurocentric, and capitalist ideas. With these justifications, the possibility of the activity is allowed. However, the legal order recognizes indigenous cultural rights, in which degrading practices of nature, invasive to the territory, destabilizing the economy and harmful to health and indigenous food, affect the social organization, customs, and traditions of indigenous peoples. Because of the affectionate relationship with the land, the loss of these elements affects rights, specifically cultural rights related to the cultural formation of indigenous ways of life. The general objective is to analyze how mining on indigenous lands can hurt and bring problems to the cultural rights of these peoples, due to the relationship they have with the land. The specific objectives consist of: explaining the legislation pertinent to the theme, both regarding mining, as well as regarding indigenous cultural rights; relating the controversies of regulation as a consequence of the modern world, verifying how Brazil stands in this situation; exploring the relationship of indigenous people with nature, verifying how this relationship integrates the cultural reality of these peoples from reports with indigenous opinion. For the elaboration of this research, the method used is deductive, with qualitative research of exploratory object. The theme will developed through theoretical bibliographical research, with the reading of works that deal with the subject, which contribute to the understanding of the theme and to the solution of the problem presented. The materials used will serve as data and secondary sources for the conclusion of the research. For the survey of the argumentation, indigenous authors will used to demonstrate their conception of life, including also reports by indigenous associations about the situation in their lands. Complementing the idea, works by researchers focused on the study of indigenous peoples, also those characteristic of research on mining lands and pertinent to the cultural study. The theories used start from an initial plan of the colonialism of power, complemented by authors who report on the formative elements of 'modernity'. Consequently, of this formation, the Brazilian reality is seen by the theories of its situation before the world, with the term dependent capitalism. Through the research, it is possible to conclude that mining on indigenous lands affect the cultural rights of these peoples, due to the relationship they have with nature. This characteristic forms the indigenous cultures and is the ways of life of the original peoples. Therefore, as the legal system recognizes these rights, it is necessary to seek an effective implementation to prevent extractive activities from occurring on indigenous lands or, when they do occur, to comply with minimum requirements in accordance with indigenous acceptance.
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    O cumprimento da função extrafiscal do imposto territorial rural na região centro oeste
    (Universidade Federal de Goiás, 2008-09-02) Anderson, Rogério Oliveira; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa da; Falconi, Luiz Carlos; Souza Filho, Carlos Frederico Marés de
    From the legal neo-positivism (or after) the principles succeeded in gaining the status of rule of law endowed with enough normative density for the direct regulation of intersubjective interactions. From there in ahead, the principles stepped into the contemporary constitutions in order to clear its position on the Kelsen normative pyramid. In this sense, when conditioning the property rights, the principle of social function is the absolute rule of law in the Brazilian legal system. As much as that the Agrarian Constitution is served by institutes of the legal-repressive order and also by the premial order just to make to be valid the principle on screen. Thus, the property that does not fulfill its social function may suffer agrarian dispossession or higher taxation. The agrarian extrafiscality is an institute of premial order, linked to the economic condition of the social function of rural property, which determines the progressivity or regressivity of tax rates depending on the productivity of rural property. More productive property, lower the rates that apply, and vice versa. However, it is observed that productivity has not been truly encouraged as the Constitution specifies why it is necessary to provide interpretation that, in preserving the usual legislation make it conforms to the exercise of the ownership to fulfill its social function, especially with regard to their economic condition, which is the agrarian productivity.
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    Os limites do suporte jurídico-administrativo para proteção do direito patrimonial cultural dos quilombos na perspectiva do diireito agrário: caso concreto do sítio histórico e patrimônio cultural Kalunga
    (Universidade Federal de Goiás, 2022-06-22) Silva, Andréa Gonçalves; Fontenele, Alysson Maia; http://lattes.cnpq.br/5916938811645981; Tarrega, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Fontenele, Alysson Maia; Trecanni, Girolamo Domenico; Soares, Leopoldo Rocha
    From the perspective of Contemporary Agrarian Law and dialoguing with Cultural Heritage Law, this research seeks to present the limits of legal/administrative support to protect the heritage rights of quilombola communities, which from the 1988 Constitution onwards are considered as Brazilian cultural heritage. and have their territorial rights guaranteed, with the recognition of ownership of the land they occupy. From the concrete cases of violation of cultural heritage rights of the Kalunga Community, the largest quilombo in Brazil and already recognized by law as a Historic Site and Cultural Heritage, the research entered the discussion of the impropriety of the legal norms that involve the Brazilian Cultural Heritage, relating the normatization and social relations, the internal contradictions of law and the externality of the legal norm as a condition of its reality. The dissertation is structured in four sections that deal with the historical trajectory of blacks from the quilombagem process to the formation of contemporary quilombos, presenting them as active subjects in the formation of Brazilian society, as well as their figure as an active subject of resistance and protagonist. of the process of liberation from slavery. It presents the Right to (of) Brazilian Cultural Heritage, constitutionally guaranteed to contemporary quilombos, in virtue of being considered bearers of reference to the identity, to the action, to the memory of the different groups that form the Brazilian society. Above all, it reflects on the need to recognize land as an agrarian asset of a cultural heritage nature, which represents for quilombola communities, in relation to the portions of land they occupy far beyond a common geographic space, it is a territorial space that must be protected so that all other cultural heritage guarantees are preserved and passed on to future generations. The theoretical foundation used is interdisciplinary, constituted by the theory of Colonial Slavery by Jacob Gorender, the concepts of Quilombagem and Quilombismo by Clovis Moura and Abdias Nascimento, the theory of Ethnodevelopment outlined by Guillerme Bonfil Batalla, and to specifically address the legal problem pointed out, presenting possible solutions, the Dialectical-realist conception of law was used, whose source used were the studies of Alaor Alves Café, debating the limitation of the right put to solve social problems, and a new posture to be adopted by legal operators from of Language, Meaning and Reality. It is understood from the set of theories studied and from the data seized that the cultural heritage rights of the quilombolas will only be fully satisfied by going through the reflexive path of passing from the right to social praxis, and from there, pointing out ways for the Judiciary and the operators of law linked to administrative bodies do not rely solely on Legal Dogmatics to resolve conflicts involving the jettisoning of the rights in question, as this is incapable of embracing the complex and dynamic social demands. The methodology adopted was quantitative and qualitative research, and in the quantitative field, data collection was used in administrative records, administrative and judicial processes, which contributed to revealing the problem pointed out regarding the violations of quilombola cultural heritage rights, whether practiced by society or by the State. And in the qualitative field, the method of legal-comprehensive investigation was adopted to use an analytical procedure of decomposition of the problem, making a complex investigation that seeks understanding and possible solutions in its various aspects, relationships and levels. It also joined the Action-Participant Investigation, or Feeling thinking, where the researcher researches by feeling the community, living with the community, and returns the results of his/her observational and participatory investigation to objectively contribute to the resolution of the problems pointed out in the community, object of investigative research.
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    A política de regularização fundiária de assentamentos rurais executada nos termos da Lei nº 13.465/2017 como forma de consolidar os descaminhos da reforma agrária
    (Universidade Federal de Goiás, 2022-08-31) Dias, Carla Fernanda Rodrigues; Fontenele, Alysson Maia; http://lattes.cnpq.br/5916938811645981; Fontenele, Alysson Maia; Siqueira, José do Carmo Alves; Freitas, Cleuton César Ripol de
    The realization of the socio-economic objectives and goals of the agrarian reform was reduced to insignificance with Law No. 13.465/17, which, among other issues, aims at the emancipation of old settlements that have been created for 15 years until the promulgation of the aforementioned law, which will be consolidated and emancipated through the execution of the Land Regularization Policy through the Land Registry and Land Regularization Program and following up with the successor Program Titula Brasil. This new program aims at the regularization and negotiation of titles to the tracts of land held by the settlers, to be delivered against payment in order to become the private owners of such lands. In this sense, the study seeks to analyze the current scenario of agrarian reform in order to demonstrate the structural difficulties to be faced by settlers; analyze the (in)effectiveness of the agrarian reform implemented under the support public policies developed and transformed with the support of the democratic model built in the country's legal system. Then, the analysis will be developed based on the objectives and goals set forth in the National Plans for Agrarian Reform - NPAR as opposed to some public policies to support agrarian reform developed through federal programs responsible for attempts to achieve the objectives and goals set forth in the body of NPAR. Criticisms were also built based on the theories of southern epistemologies, ecology of knowledge, post-abyssal thinking and the sovereignty of society in democratic systems that have characteristics of totalitarian regimes in order to demonstrate the findings regarding the (in)sufficiency of the socioeconomic conditions of the settlers to emancipate themselves, conditions arising from the (mis)paths of public policies to support agrarian reform studied and used as a sample in this research. As hypotheses, it is possible to visualize the capacity to finish the agrarian reform and still privatize all the conditions of access to land or insufficiency and increase in the difficulty of access to the policies responsible for making the settlers' socioeconomic development viable. Both results will put pressure on settlers and result in vulnerability and exposure to financial speculators, increasing the number of parcel sales, which will intensify the process of reconcentration of land in the country, especially because settlers would not obtain the necessary public support for the effective achievement of the objectives of agrarian reform.
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    As possibilidades e ameaças da nova lei do agro para a política agrícola: perspectivas para além do agronegócio
    (Universidade Federal de Goiás, 2022-09-28) Silva, Kleber Souza; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Rocha, Eduardo Gonçalves; Trentini, Flávia
    This master thesis aims to analyse the Law n° 13.986/2020 know as “Lei de Agro”, it contains the possibilities and dangers that this legislation provide to Brazilian Agricultural Policy, specifically with modification created by Fundo Garantidor Solidário, the prevision of legal economic subvention to small rural proprieties, the dolarization of credit bonds and the land juridical possibility to foreign people. The general objective of this research consisted in analyse through Law Economic Analysis using the juseeconomic apparatus to unravel the timely possibilities created by legal diploma to agricultural policy to small and medium rural farmers, as well the lack in law introduced by this legislation. This text is organized in three chapters. The first chapter researched about the agricultural policy in Brazilian Federal Constitution, the rural globalization and the importance of rural credits, its history and the financing systems available. The second chapter discussed about the “Lei do Agro” and the enforcement of Private Financing Systems that attends to agribusiness necessities, the position of alterations closed by the law and the jurisdition from justice system about the rural credits. Last, in the third chapter was realized an analysis of Law 13.986 through Law Economic Analysis and its foundations, demonstrating the costs and incentives to decision of possible affected and benefected people by changes, making a diagnostic and later a prognostico of possibilities created by small and medium producers as well the juridical possibility created by the law about the transition of land for international people, and the proccess of dolarization of rural credit bonds. Finally the legal changes inserted by the Law 13.986 presented considerable transaction costs as vinculation of Exchange variation in credit titles, of necessity of judicial actions that can restrain the direct transference of land for foreign people, of necessity of rural credity subsidiated to social inequality in rural areas and the changes in “Lei do Agro” can and must be included in Government Agricultural Policy.
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    O direito dos povos quilombolas à consulta e ao consentimento prévio, livre e informado e a construção de protocolos internos: o caso da comunidade Kalunga no estado de Goiás
    (Universidade Federal de Goiás, 2021-02-25) Faria, Juliete Prado de; Tárrega, Maria Cristina Vidotte Blanco; http://lattes.cnpq.br/3710736362842934; Siqueira, José do Carmo Alves; http://lattes.cnpq.br/2363520289946658; Siqueira, José do Carmo Alves; Arruda, André Felipe Soares de; Martini, Sandra Regina
    This research addresses the right of Quilombola Peoples to Consultation and Prior, Free and Informed Consent. The Convention 169 recognizes the right of Indigenous and Tribal Peoples to be consulted, whether or not to reach consent, whenever any legislative, administrative or judicial measure by the State affects their rights. Through observing the concrete cases presented, it is clear that the Brazilian State does not materialize the right to Consultation and Prior, Free and Informed Consent. In this scenario, Indigenous, Quilombolas and other Traditional Peoples began to build Community Protocols, mainly to “tell” the State the rules that must be obeyed in the Consultation processes. From these considerations, the following question arises: Is it possible to enforce the right to Prior Consultation in Brazil, as a Modern State, based on the norms emanating from the Peoples themselves? The general objective of the research is to understand the possibility - or impossibility - of coexistence between the Modern State and the Pluralisms in Brazil, with regard to the right to Consultation and Prior, Free and Informed Consent. Specifically, we intend to: a) carry out a literary review about the modernity and colonization european of Latin America, as defining the current conflicts involving Quilombola Peoples, with a focus on Brazil, as well as understanding the right to territory as a pillar of support for all rights of these Peoples; b) understand the experience of these Peoples in the construction of the Community Protocols in Brazil and; c) understand the main conflicts involving the Kalunga People and the construction of their consultation protocol.The theoretical framework that guided this work is Rita Laura Segato's studies on coloniality, capitalism and patriarchy. The methodology is constructed from an empirical research, using the comprehensive interview method, a concept developed by Jean-Claude Kaufmann.
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    A servidão administrativa para implantação de linhas de transmissão de energia elétrica e os seus impactos na propriedade agrária
    (Universidade Federal de Goiás, 2015-06-29) Ribeiro, Daniel Augusto; Neves, Cleuler Barbosa das; http://lattes.cnpq.br/3567330317986829; Neves, Cleuler Barbosa das
    The aim of this study was analyze the impacts on land resulting from the implementation of electric energy transmission lines and whatsmitigation mechanims of these effects. On the on hand, it has owners with the duty to fulfill the social function, making the a land productive and can handle the legal instruments that guarantee them the exercise of property rigths. On the other hand, eletric companies the need to intervene in private property to install structures such as towers, poles and cables in order to the delivery and distribution of electricity. In the terms, the landed property should bear the burden of way for tranmission lines when checket ther need, which takes place usually by the institution of administrative services, upon compensation to the owner that meets the social function. The indemnity is mitigated when the social function is not observed. In terms of size, in the state of Goiás, the CELG Group (Celg Generation and Transmission and Distribution CELG) has over 154,262 km of eletric energy distribuition line in rural areas. Although significant extension of networks, affected area accounts for about 237 Km², or about 0.07% of the total area of the state. Although the territorial impact is not material, the opposite occurs in relation to the affected crops. This is because the limitations will the type of crop that is allowed under the transmission line, the limitations on irrigation or burned. In conclusion, this study, which due to the large size of Brazil, ther is not a plan that minimizes the interference of the transmission lin on land ownership, such as alternative paths for its construction or increasing distance cables relative to ground. Although these are not priority actions, there is movement in order to reduce the impacts of such works, mainly promoted by the Brazilian Institute of Environment and Renewable Natural Resources - IBAMA - with regard to the mitigation of environmental impacts. A paradigm shift, in order to reduce the constraints on agricultural property caused by the passage of transmission lines, not only benefitc the agricultural property insel and the community to fulfill its social function and increased land productivity, but also represents a legacy to future generations resulting fron the concern for sustainable and responsible develpment.
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    O Cadastro Ambiental Rural (CAR) como instrumento de regularização fundiária no Matopiba, Amazônia legal e Estado de Goiás
    (Universidade Federal de Goiás, 2022-10-21) Mendes Júnior, Cezar Augusto; Treccani, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Ferreira, Adegmar José; Rossito, Flávia Donini; Botelho, Tiago Resende
    This dissertation addresses vacant lands, land grabbing and the true effectiveness of the Brazilian Rural Environmental Registry (CAR) through sampling analysis in the Legal Amazon, in the Cerrado portions of the states of Maranhão, Tocantins, Piauí and Bahia (MATOPIBA), and in the state of Goiás. Despite being an important tool for evaluating environmental regularization and management, the CAR has been used in an attempt to land grabbing. Some judges have recognized possessory rights based on CAR information to the detriment of rights stemming from land reform policies. That is why we speak of the “CAR binge” because that which should be an agri-environmental regulation tool may instead be causing land grabbing, land overlaps and conflicts. Constant legislative alterations and structural changes end up delaying monitoring, demarcation, registration, georeferencing and titling actions on the part of the state governments. It is in face of legal uncertainty regarding land control that the improper appropriation of public lands – land grabbing – is strengthened. From this comes the question: has the CAR achieved its goal of effectively integrating environmental information on rural properties? Is the information posted to the system reliable? What impacts can the CAR’s (in)effectiveness generate in the violation or non-violation of rights? Land grabbing of vacant lands and land tenure regularization are issues related to Agrarian Law, encompassing emerging conflicts and the legal system for land access and use. However, land tenure regularization has not yet proved to be effective due to the flaws identified in the delimitation of vacant lands. The general objective of this research is to understand the Land Tenure Regularization process and its (in)effectiveness in using the CAR as an agri-environmental control tool. These are the specific objectives of the research: a) To carry out a historical review on the formation of the Brazilian agrarian space through the delimitation of vacant lands; b) To present a current picture of rural environmental registries through sampling in the Legal Amazon, MATOPIBA and the state of Goiás, identifying occasional flaws that favor land grabbing by third parties; and c) To analyze the satellite images of regions where more serious irregularities have been identified, in light of the information from the previous objectives, looking for overlapping land or irregular subdivisions and then analyzing the latest land titles of these properties, seeking to identify the compatibility of CAR’s information with satellite imagery and the information recorded at the Land Registry Office.
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    Racionalidade do jurista agrarista: hegemonia da concepção colonial de propriedade e posse em detrimento da visão de território dos povos e comunidades tradicionais
    (Universidade Federal de Goiás, 2020-02-28) Matos, Juliana da Silva; Ferreira, Adegmar José; http://lattes.cnpq.br/1011290918755304; Dantas, Fernando Antonio de Carvalho; http://lattes.cnpq.br/4265365823959236; Tarrega, Maria Cristina Vidotte Blanco; Igreja, Rebecca Forattini Altino Machado Lemos; Ferreira, Adegmar José; Dantas, Fernando Antonio de Carvalho
    This dissertation proposes to map the structuring rationality of agrarian law in what concerns, mainly, the institutes of property, possession and territoriality in the teaching of agrarian law. It is intended, then, to problematize the knowledge that influences the training of agrarian jurists. It starts from the hypothesis that the training of agrarian law operators is distanced from the agrarian phenomenon, as well as the subjects involved. To do so, initially, we discuss the dominant paradigm of individualism that owns Modernity that structures Law and Science and, therefore, agrarian law, and the respective institutes of possession, property and territoriality guided by a critical perspective. Subsequently, an empirical research is carried out, which is made possible by a textual analysis, using the software QDA Miner and WordStat in the menus of the Agrarian Law subjects of the Law courses of federal, state and municipal universities, as well as in the Master's theses of the Program Graduate Studies in Agrarian Law at UFG, present articles published in the Annals of CONPEDI, seeking to rationalize the results achieved from the perspective of the basic theories of work, as well as inserting them in the context of the new Latin American constitutionalism. In addition, the Agrarian Law books cited most frequently in the basic and complementary bibliographies present in the Pedagogical Projects of the courses of the aforementioned higher education institutions were analyzed. The research is theoretically anchored in the perspective of criticizing Law as regulation / emancipation, with support in Boaventura de Sousa Santos. The dissertation makes use of both quantitative and qualitative methodologies, guided by the hypothetical-deductive method, however, inserting itself in the critical-methodological perspective. Until then, there was a structure of legal education that is perpetuating the Eurocentric and colonial rationality that maintains the clientelist and patrimonialist colonial agrarian structure, centered on private property. Such education is accompanied by specialized legal literature that presents a reductionist conception of the agrarian phenomenon, as well as focusing exclusively on dogmatics. Regarding the dissertations of PPGDA-UFG, as well as the articles published in the annals of CONPEDI, a period of paradigmatic transition is perceived, since there is an expansion of the object of Agrarian Law, as well as of the subjects involved. Thus, it is concluded that it is imperative to seek a counter-hegemonic application of the agrarian law legislation, as well as a modification in the undergraduate and graduate curricula in order to modify the knowledge produced and, consequently, will condition the management of agrarian conflicts.