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Navegando Dissertação por Programa "Programa de Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional"
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Item Debaixo da lona preta: Movimento dos Trabalhadores Rurais Sem Terra e subcidadania em discursos judiciais(Centro Universitário do Estado do Pará, 2014) Nascimento , Yúdice Randol Andrade; Leal, Ana Cristina Darwich Borges; http://lattes.cnpq.br/4919094925608660; Dias, Bárbara Lou da Costa Veloso; http://lattes.cnpq.br/8176515656244466; Pinho, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577According to critical criminology, the criminalization of social movements, specifically the Landless Workers Movement (Movimento dos Trabalhadores Rurais Sem Terra – (MST), is such that the processes of criminalization occur because the punitive power reaches individuals who are in a situation of social vulnerability. In case of MST, the vulnerability occurs by the opposition between claim rights and the values in Brazilian society widespread by late capitalism: individualism, the pursuit of personal happiness, appreciation based on the ability to participate in the logic of consumption. It was assumed that social conflicts originate in a struggle for recognition, which is a necessity of every human being, as proposed by Axel Honneth; and that the advent of liberal values of capitalism leads to denial of citizenship status to many individuals, when it does not follow a social consensus about the value of every human being, as argued by Jessé Souza. The discourse analysis methodology was applied on judicial decisions to test the hypothesis that the criminalization of MST members extrapolates assumptions of Criminal Law and also stems from a phenomenon of social invisibility. It was observed that, despite the efforts of the judges to stay within the proper limits of judicial discourse, while governed by the legality principle, they also manifest strongly ideological discourses that sometimes appropriate the legalism of legal language to apply the Criminal Law as a strategy of social control against the enemies: individuals who broke the pact of coexistence and thereby lost the citizenship rights. Thus, state agencies can reproduce existing inequalities in society and derail the enforcement of fundamental rights.Item Territorialização étnica: sustentabilidade, desenvolvimento e a efetivação da cidadania plural dos quilombolas(Centro Universitário do Estado do Pará, 2014) Martins, Tiago Fernando Ramos de Oliveira; Moreira, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Marin, Rosa Elizabeth Acevedo; http://lattes.cnpq.br/0087693866786684In 1988 with the promulgation of the Brazilian Federal Constitution, the “quilombolas” communities of Brazil were guaranteed the final titration of the territory which they traditionally occupy, from the provisions of Article 68 of the Temporary Constitutional Provisions Act (ADCT). The realization of this fundamental right of this traditional people has not happened over the past 26 years. The lack of knowledge about the “quilombolas” communities, as well as its folklorization rooted in society are factors that hinder the interpretation of the constitutional provision, however, what has prevented more definite titration maroon territories is increasing ineffectiveness of the National Institute of Colonization and Agrarian Reform (INCRA). In recent years its institutional paradigms have become a major obstacle to achieving the territorial rights of the “quilombolas” communities, such are normative statements that the administrative processing of titling one entranve to obtain outright is if the current Normative Instruction 57 INCRA. This instrument provides numerous internal regulations inconsistent with constitutional precepts directions, and also ignores the Convention 169 of the International Labour Organization (ILO), ie, it became clear that currently the INCRA seeks to satisfy interests that do not coincide with the Maroons of Brazil, running, in fact, a public policy titration maroon territories. The Gurupá “quilombola” community in “Cachoeira do Ararí” in the archipelago of “Marajó” in Para state, is an emblematic case in which several losses are incurred because of the ineffectiveness of INCRA to carry out titration.
