Racionalidade do jurista agrarista: hegemonia da concepção colonial de propriedade e posse em detrimento da visão de território dos povos e comunidades tradicionais

• Autor(a) principal: Matos, Juliana da Silva
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/12443
• topic: Agrarian law; Property; Land tenure; New latin american constitutionalism; Direito agrário; Propriedade; Posse agrária; Novo constitucionalismo latino-americano; CIENCIAS SOCIAIS APLICADAS::DIREITO

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.