Propriedade desagregada e mercado de terras: possibilidades de reimaginação institucional sob o construtivismo social e jurídico de Roberto Mangabeira Unger
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2020-09-28
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Universidade Federal de Goiás
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This theoretical investigation inserts the rights of land ownership in an experimentalist perspective, considering them as institutions that bring possibilities for institutional review and reconstruction, propitious to a greater or lesser potential for productive inclusion and distension of the possibilities of a decentralized initiative. It summarizes the process of capitalist transition to land ownership, from the legal arrangements that shifted to rural properties the process of capital accumulation, at the same time that they acted for the constitution of a land market and consolidation of a productive structure ruled by wage relations. It discusses the legal and economic dynamics set in the modernization process of Brazilian agriculture, highlighting the tecno-productive transitions and the emergence of a new accumulation pattern, identified in agribusinesses and in the growing importance of arrangements aimed at optimizing total productivity. It addresses the new institutional economics, through a discussion on the relationship between transaction costs and the indefinite character of property rights, assumed as being multidimensional quantities, as well as one of the heterodox institutional perspectives of economic theory and legal institutionalism, highlighting the structure of rights-duties underlying the process of institutional change. It revises the social and legal constructivism of Roberto Mangabeira Unger, embodied on a deviant and super liberal theory, which conceives the adventitious forms of political organization, the market economy, and Law as permanently subjected to the experimentalist practice. In this sense, as a privileged object of recombination of forms assumed by the market economy and of an institutionally constructivist legal method, it explores theoretically the possibility of disaggregation of land ownership rights, based on the assumptions that inform the system of rights postulated by Unger: beyond private, self-managed or purely public corporate forms and under conditions, extent, and level of diversification of competing properties that enable a combination of decentralization in the organization of productive activities, cooperative competition and relational forms of economic programming.
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SANTOS, Rysclift Bruno Sérgio. Propriedade desagregada e mercado de terras: possibilidades de reimaginação institucional sob o construtivismo social e jurídico de Roberto Mangabeira Unger. 2020. 198 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2020.