Racionalidade do jurista agrarista: hegemonia da concepção colonial de propriedade e posse em detrimento da visão de território dos povos e comunidades tradicionais
Nenhuma Miniatura disponível
Data
2020-02-28
Autores
Título da Revista
ISSN da Revista
Título de Volume
Editor
Universidade Federal de Goiás
Resumo
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.
Descrição
Citação
MATOS, J. S. Racionalidade do jurista agrarista: hegemonia da concepção colonial de propriedade e posse em detrimento da visão de território dos povos e comunidades tradicionais. 2020. 371 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2020.