O novo constitucionalismo latino-americano e a superação do modelo moderno/colonial de apropriação e desapropriação agrária
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2015-03-31
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Universidade Federal de Goiás
Resumo
This study investigates the New Latin American Constitutionalism and its contribution
to the rebuilding of the appropriation and expropriation modern agrarian model. There will be
a reflection on constitutional reforms experienced by some countries on the continent,
especially Colombia, Venezuela, Bolivia and Ecuador, considering that those countries
recently rebuilt their democratic political projects in order to make themselves more suited to
the multiple social and existential conditions of their people.
Indeed, this transformer constitutional movement brought categories that, aimed at
priority respect for nature and biodiversity, recognized the identity, the cultural awareness, the
specific values and territoriality of the Andean native people, who have been historically put
in a subaltern role.
Thus, was formally opened on the continent a diverse logic than that modern, colonial
and individualistic rationality, from which was built the Brazilian land appropriation and
expropriation model.
Furthermore, it is object of this work the analysis of the economic model adopted so
far of evaluating the land in the expropriations that take place in Brazil, a model that
ultimately reward owners who do not give their land any social destination.
In this context, this work will try to demonstrate how the New Latin American
Constitutionalism is presented as an alternative development project capable of breaking old
conceptions of property that, guided by a legal owner speech, give it almost absolute character
and a place in the core of the legal system.
The central role of cultural practices and worldviews of the continent in the new
constitutional texts, especially the philosophy of buen vivir, sumak kawsay, sumak qamaña or
ñande reko and the recognition of the Pachamama rights, questioned the modern idea of
rupture between man and nature and allowed consideration about alternative ways of relating
to the land.
In this perspective, the innovations brought by this transformer constitutionalism are
able to refound the modern Eurocentric legal system regarding the models of appropriation
and expropriation of the land from a different concept of development for the good life
recovered from the collective Latin American subjects, who use natural sources in a harmonic and equilibrated way, preserving the spaces they occupy and territorialize and that are
essential for their physical and cultural reproduction.
The recognition of various territorialities sets the guidelines for the transformation of
the contents of land property, which, in addition to commodity and private law contract
object, is transformed in collective space where a variety of rights are fulfilled.
For the development of this study, we adopt the relational perspective of Joaquín
Herrera Flores, that allows reflection on the fundaments of the Latin American land
appropriation and expropriation model without losing sight of its relations to the social
context in which is inserted.
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MARTINS, C. R. O novo constitucionalismo latino-americano e a superação do modelo moderno/colonial de apropriação e desapropriação agrária. 2015. 140 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2015.