Navegando por Assunto "Direito de propriedade"

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Acesso aberto (Open Access)
Direito de propriedade e justiça distributiva no Brasil: ampliação das capacidades como forma de combater a pobreza rural
(Universidade Federal do Pará, 2015) SÁ, João Daniel Macedo; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535
This work discusses property rights relations from the modern notion of distributive justice. It analyzes the extent to which rural private property constitutionally defined favors a notion of distributive justice compatible with the foundations of the democratic State based on the rule of law. It is based on egalitarian liberal thinking of John Rawls, to defend the role of justice in preserving the freedom of the individual, while considering that the value of dignity implies equal access to political, social, and, to some extent, of economic goods, that should be ensured mainly by the state. It is argued that in a just society, everyone should receive equal share of the benefits that society provides and of the costs that it requires. Supporting this idea, it is also based on Amartya Sen thoughts to argue that property right is intrinsically important, but also instrumentally valuable to enable individuals to achieve development. Further, the thesis argues that the classical liberal notion of property-liberty, which generates the absolute and exclusive power over the thing, and the social notion of property-duty, based on social function, converges on the notion of property-capacity, whose focus is on promoting real freedom of choice for individuals. The work will demonstrate that the State must, in order to fight rural poverty, and for the sake of justice, ensure more equitable access to ownership rights of rural lands in the country. It presents, based on government statistics, a criticism to rural development policies for not giving the correct approach for individuals to obtain the set of capabilities and functioning’s associated with the minimum conditions for a worthy life. The land issue is directly linked to income and wealth, but poverty has multiple dimensions that prevent the exercise of basic capabilities, putting people in situations of extreme hardship and deprivation. Public policies should seek the expansion of human capabilities, and if the right to property integrates this list of capabilities, then it must be guaranteed to all.
Acesso aberto (Open Access)
Direitos de propriedade em aldeamentos e colônias agrícolas na Amazônia (1840-1880)
(Universidade Federal do Pará, 2016-04) NUNES, Francivaldo Alves
This paper aims to understand the public agents’ concepts concerning the grant of property rights in land to Indian settlements and to settlers in agricultural colonies in nineteenth century Amazonia. The grant of the right to use the land, that is, the legal warranty of the permanence of the Indians’ and the settlers’ rights to use the landed resources allocated to the settlements and the colonies, was contingent on the regular use of the land and on agricultural activities. Based on the province administration’s reports and correspondence, we will show that both the Indian settlements and the agricultural colonies were represented as model spaces for socialization, which display a governmental policy of institutionalizing property rights in land subject to the discipline of agricultural work. This relationship is represented as one of social stratification, by which the settlers were afforded the social status of autonomous farmers, who were granted individual albeit conditional property rights to begin with, whereas the Indians were allocated the status of apprentice labourers in collective land, managed by an appointed settlement director. Finally, we give some instances of struggling implementation, conflict and resistance to that discipline, as represented in official discourses.
Acesso aberto (Open Access)
A natureza jurídica da reserva legal e sua aplicabilidade em áreas habitadas por populações tradicionais
(Universidade Federal do Pará, 2010-12-06) FERREIRA, Dauana Santos; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
This paper has studied the legal reservation area, seeking to analyze the juridical nature of this Institute, by means of a Brazilian forest code historic evaluation. This research shows that the legal reservation area is an environmental protection instrument. Its incidence belongs directly on the property right. So, the legal reservation area is obligatory to all private rural properties and possessions in order to fulfill its socio-environmental function. This shifting also verifies in what areas inhabited by traditional populations (extraction reservation, sustainable development reservation, agro-extraction settlement project and Quilombola territory) the legal reservation area will be compulsory.