Ethos camponês e espaço rural periférico: (des) encaixes frente à legislação florestal brasileira

• Autor(a) principal: Murta, Raíssa de Oliveira
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: LOCUS Repositório Institucional da UFV
• Texto Completo: http://locus.ufv.br/handle/123456789/4205
• topic: Florestas - Legislação - Brasil; Direito ambiental; Camponeses; Espaço rural periférico; Pluralismo jurídico; Forests - Legislation - Brazil; Environmental law; Peasants; Peripheral rural areas; Legal Pluralism; CNPQ::CIENCIAS AGRARIAS::AGRONOMIA::EXTENSAO RURAL

The univocity of indolent and instrumental western reason in modernity mutes the knowledges and rationalities that are far from the self punctual model thematized by Charles Taylor (2011). This obscuration , in turn , is closely connected to the relationship of inequality and the peripheral and inferior status occupied by subjects (SOUZA , 2012). By conducting an empirical search with farmers living in two municipalities located in the state of Minas Gerais (Maravilhas and Porto Firme), we found that this sophisticated system of domination also includes rural areas, ranking these subjects, hindering them the dimension of recognition and citizenship and silencing his peasant ethos. From this finding, and believing that social position of subjects interferes in their relationship with the State and the laws, we analyzed the consequences that obscuration causes on daily interations between peripheral rural subjects and the laws - especially forestry legislation. In this sense, we seek to highlight the unfittings between Brazilian Forest Code and the reality of the subjects studied, which we are calling peasants or peripherals rural subjects. Through the perception that this law, despite of having been recently amended by the justification of small scale farmers inclusion, in fact, hás constributed too little to change the reality of these subjects, we will seek to problematize the place that Law occupies on modernity, questioning if a monistic and positivistic Law have effective possibility of inclusion of excluded subjects and peripherals. That's how we analyze if a pluralistic Law with close relationship with a decentralized democratic theory (WOLKMER, 2001) can be put as a tool to enable the Law to be a space of emancipation beyond the oppression that produces and thus contribute to the expansion of citizenship of peripheral subjects such as farmers, enabling them to have "right to have rights".