Navegando por Assunto "Posse da terra"

Agora exibindo 1 - 5 de 5

Acesso aberto (Open Access)
Detenção agrária de terras públicas: implicações jurídicas na regularização fundiária
(Universidade Federal do Pará, 2011-12-16) BARRETO, Andréia Macedo; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
The present paper is about the legal treatment given to occupations of public land in rural areas, called land holding. Based on local observation, literature, cases law and legislation, we found out that the land holding does not confer the land possession or the property to the holder itself but it allows an adjustment of occupation with the government. The given situation deals with public lands, agricultural activity development as well as the importance of working on the referred land. Legal explanation relies on the Constitution interpretations which forbid this mean of property acquisition based on a single act of an individual as well as the legal situations that submit the permission for occupation to the Government acquiescence, through a regular administrative procedure. Besides it is based on agrarian laws which establish the needed requirements to the allocation of rural property in the public domain. Before the formal permission for occupation it may have set the land holding of public lands which has nothing to do with the matter regulated by our Civil Code. Areas occupied by indigenous, “quilombolas”, traditional agroextractive populations as well as the rural workers and their families do not fit this concept. For these ones, the Government assures the territorial and possessory rights. Therefore, we conclude that Brazilian legal system refuses public lands possessions in certain situations but it accepts them in others with both Government acquiescence and without it. Hence, the present work aims to establish distinctive criteria between land owner and holder proposing the stay of both legitimate owner and holder but the incorporation of the illegitimate occupied land to the public property roll.
Acesso aberto (Open Access)
O estado de papel construído num cenário de sangue e violência: algumas tentativas de combate à grilagem e pacificação social no campo no estado do Pará
(Universidade Federal do Pará, 2011) DIAS, Gracilda Leão dos Santos; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535
Doctrinal study of the relationship of the effectiveness of human rights guarantees from governmental activities to the socio-historical context-law lived in the Para state of violence, land grabbing and disrespect for the environment. The research approach focuses on the Amazon environment, human rights of the rural population, agri-environmental information and interdisciplinary. The analysis part of the study on human rights issues, the contextualization of the agrarian situation experienced in Para State in view of the sui generis process of land occupation, the origin of land grabbing, land conflicts and intensified the predatory exploitation of environment, as well as the performance of the judiciary towards agri-environmental problems in the state. The results obtained are closely related to the approach taken before the recent change of position of the judiciary in handling of records of rural land riddled with constitutionality and possible emergence of new perspectives of human rights guarantees in rural from this new reality. Two of these positions are extremely important to this study: a) Provision of issue No. 13/2006 of the Magistrate Court of the Interior Districts of Honorable Court of the State of Para, which ordered the blockade of all enrollments of rural properties that were at odds with the constitutional requirements for the disposal of public land, b) decision of the National Council of Justice which ordered the cancellation of all records of rural land riddled with unconstitutional in existing services registered in the state of Pará.
Acesso aberto (Open Access)
Fronteira da cidadania: cartografia da violência na Amazônia brasileira
(Universidade Estadual de Campinas, 1997-12-05) BARP, Wilson José; ALMEIDA, Mauro William Barbosa de; http://lattes.cnpq.br/5681088831196646
Acesso aberto (Open Access)
Reconhecimento de territórios tradicionais: o contrato de concessão de direito real de uso enquanto instrumento de garantia do direito ao território tradicional
(Universidade Federal do Pará, 2010-12-10) ARAÚJO, Marlon Aurélio Tapajós; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
This dissertation is to study object recognition of traditional territories. Specifically, this was to assess the degree which granted autonomy to the region's traditional communities Juruti Velho, Juruti, Pará, through the Concession of Real Right to Use (CDRU) under Agroextrativista Project (LAP) led by Regional Superintendent of the Institute of Colonization and Agrarian Reform (INCRA) in Santarém. For this analysis was chosen as theoretical notions of legal pluralism, territoriality specific, agroecological possession, all point towards a right to traditional territory. Yet proceeded to a comparison between the model adopted for the regularization and the Extractive Reserves Project Agroextrativista since both draw on the CDRU for purposes and audiences alike, namely to ensure the right people to the territory and traditional communities. It concludes with an analysis of the specific situation of the traditional communities of Old Juruti from the norms to be established in the Management Plan as well as the mineral rights under the law of the territory. This analysis allowed to answer the question the research problem concerning the autonomy of traditional communities in the management of its territory.
Acesso aberto (Open Access)
Territorialidades específicas em Barcarena confrontadas com projetos de "desenvolvimento"
(Universidade Federal do Pará, 2017-05-13) MAIA, Rosane de Oliveira Martins; ACEVEDO MARIN, Rosa Elizabeth; http://lattes.cnpq.br/0087693866786684
This research aims to analyze the traditional and the quilombolas indigenous communities of Barcarena in regards to resistance strategies to the loss of their specific territorialities. Living the dilemma of socio-environmental conflict in which they are victimized by environmental crimes, successive displacements and expropriation, they still manage to maintain forms of living, social, and cultural reproduction that differs from those imposed by industrial capitalism and the development project. Through legal plurality, they seek the recognition to their specific territorialities ownership and keep their place, or even to choose to move out. The research aims as an empirical field the quilombolas indigenous communities located around Murucupi river, in “Vila dos Cabanos” and the traditional communities of the Industrial District of Barcarena. The research initially analyzes the previous period to the presence of the mining complex, the universe of the site and territorialization of indigenous and quilombola units when they were usurped and expropriated by the Church, and later their territorial domains passed on to CDI and CODEBAR. It deepens its study in the illusory and mediatic force of the development progress, inaugurating the socio-environmental conflict in Barcarena, which makes the inhabitants of the traditional communities vulnerable to environmental crimes and displacement processes, due to irresponsible, degrading practices of mining companies and by the developmental project adopted by the state that seeks "development" even based on social and environmental costs. Despite the annihilating attempts to their forms of existence, the Industrial District traditional communities require the recognition of specific territorialities to guarantee their rights in the current relocation and indemnification negotiations, while the quilombolas indigenous communities require rights to remain in the place through the legitimate recognition of theirs specific territoriality along with the MPF, Cultural Foundation Palmares and INCRA.