Conflitos agrários: a atuação do juiz numa abordagem histórico-criminal

• Ano de defesa: 2015
• Autor(a) principal: Souza, Raniel Nascimento de
• Orientador(a): Santos, Pedro Sérgio dos
• Banca de defesa: Santos, Pedro Sérgio dos, Santos, Nivaldo dos, Oliveira, José Izecias de
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• dARK ID: ark:/38995/0013000001jkh
• Idioma: por
• Instituição de defesa: Universidade Federal de Goiás
• Programa de Pós-Graduação: Programa de Pós-graduação em Direito Agrário (FD)
• Departamento: Faculdade de Direito - FD (RG)
• País: Brasil
• Palavras-chave em Português: Conflitos agrários; Sesmarias; Latifúndio; Juiz; Direito penal
• Palavras-chave em Inglês: Agrarian conflicts; Sesmarias; Landowners; Judge; Criminal law
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://repositorio.bc.ufg.br/tede/handle/tede/5178

Agrarian conflicts: the role of the judge in a criminal-history approach aims to address in the required depth, about what instruments the judge who militates in the criminal field of agrarian conflicts have to apply to acting with deliberation, fairness and justice required before of the case. For this, back in time and go to the time leading up to the system of appearance of land grants in Brazil. It points out that the system of land grants, as implemented in Portugal first, aimed at solving specific issues, such as a strong supply crisis that was mainly in Portugal but also in other countries. Nevertheless, Portugal decides to deploy in Cologne newfound, Brazil, the same system deployed there, this incorrectly, with bias and with great disorder, privilegiano a small class of noble people or prestige enjoyed by the Crown. This disorganized and unfairly generated, according to many historians, the latifundia in Brazil. The land issue in Brazil has its origins in the way we implemented the system of land grants in Brazil. This not only generated large estates, but, in particular, was the cause of the first conflicts existing here. From the earliest conflicts, those between sesmeiros and squatters, to the present time, there are thousands of outstanding conflicts in a state of effective action in the rush to try to contain the problems of land tenure. From these historical data concerning the origin and form of distribution of land in Brazil, as well as data on the conflict, the work seeks to bring the judge die elements more strictly criminal, as the postulate of minimal intervention so that in case Concrete related to agrarian conflicts, the judge's analysis is as comprehensive as possible, preventing, blindly, that only repressively apply strictly dogmatic criminal law. The thesis points out that the judgment and the sensitivity of the judge in everyday approach must pass necessarily by in-depth knowledge of the historical and social issues surrounding the issue of agrarian conflicts. A judgment of the Superior Court of Justice - STJ, the Habeas Corpus - HC No. 5574 / SP is taken with one of the bases for the construction of the idea that wanted to bring in the dissertation. He concluded the STJ every citizen has the right to protest and demand the implementation of agrarian reform. He concluded, though, that mister judge, it is essential that judge has a keen discernment to distinguish the crime of the right to protest Based on this, brings out the teachings of Francesco Carnelutti on some features that should have the judge what is called the act in criminal proceedings so that, in this case, especially on the theme of agrarian conflicts, acts not to criminalize conduct, but to contain them, seeking the composition of conflicts applying to a minimum, the repressive criminal law.