Efficacy and legitimacy of the environmental crime law: the case of the district of Ponte Nova-MG small farms / Eficácia e legitimidade da lei de crimes ambientais: o caso da pequena agricultura na Comarca de Ponte Nova-MG

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This work proposes the investigation and scientific analysis of the concrete implications of applying the norms of the (so called) Environmental Crime Law on the social and economic conditions of family farmers. When using as empirical reference the legal processes being evaluated at the District of Ponte Nova, Minas Gerais, which are supported by the Federal Law 9.605/98, one can attempt to approach the double meaning implied in the family farmer concept within this context, i.e., its legal aspect and its theoretical-sociological aspect. An analysis of the Environmental Crime law shows it is a tool of legal institutionalization of the practices of sociability. However, one has observed that its meaning is permeated by concrete social relations. Thus, taking into account the concrete conditions of the existence of those the norms are destined to, the law effects were analyzed based on the records found in the processes based on such a law. These crime processes allowed understanding the way the law typified and sanctioned social and individual behavior among this group of farmers. The social conditions of the family farmers make clear the (apparent and real) contradictions between the limits established by the Law of Environmental Crimes and the possible behaviors of this category of farmers faced by this legal norm.

ASSUNTO(S)

efficacy legitimacy agriculture eficácia crimes ambientais legitimidade agricultura direitos especiais environmental crimes

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