Direito e agroecologia : regime jurídico e os limites ecológicos da exploração agrícola da natureza

Abstract

The search for the approximation of nature to the values of a legal culture of the rule of law is located between different existing approaches, whose central concern is to achieve environmental protection. In this context, this thesis, through qualitative research and the inductive method, aims to justify that the agricultural exploitation of spaces must meet ecological limits, which define the ecological content of economic freedoms in the contemporary Rule of Law. The problem has its justification in the unveiling of the environmental crisis or policrisis that, contextualized in the Anthropocene, revealed, with support in the historicity of the man-farmer and nature, its complexity and highlighted the limits of Environmental Law. In this sense, the production relations that, supported by the exercise of economic freedoms, proliferate damage and risks that transcend the physical and the spatial of the occupied spaces, stand out. However, even though the environmental legal standard has revealed itself within a paradoxical context, it is the rule of law that, by appropriating appropriately the paradigms presented by the Anthropocene, is able to induce transformation and, through a legal theory of goods , point out a way to resolve this apparent dysfunction in the relationship between man and nature within the agricultural context. Thus, this work, by means of a legal theory of goods, which is not exempt from problems and reductionisms, is arranged in order to make explicit the content of the common in environmental matters. In this plan, due to the changing conditions of the unavailable environmental common, inappropriate and definable by relationships, there is the need to establish a new natural and generational contractual conditions, which, when overcoming obstacles such as the consideration of intrinsic value and the recognition within a theory of justice, shows itself as an important prerequisite to justify, in transcendence to moral individualism and personality, the ecological content of economic freedoms. It is, therefore, linked to the sense of freedom as responsibility, the very content of the common, which is none other than that of freedoms (relationships) that respect ecological processes. In this sense, agroecology is maintained as a path that, through law, protects the exercise of economic freedoms in agricultural production relations and, by ordering itself by the use of spaces through respect for ecological processes, it collaborates with the actions of a rule of law committed to the common environment. Thus, it appears that, in addition to utopia, agroecology is a path that is on the rise in different national orders around the world, whether in the European Union, Asia or in the Americas (North-South), and its legal grammar, when defining the imperative of the integrity of agro-ecosystems makes it possible to reach the ecological core of economic freedoms. Thus, agroecology, whether with the scope of (agro) greening of the right to private property, or with the instrumentation of ecological functionality in a food market, reveals the existence of ecological alternatives that, oriented in antithesis to the extractive character, demonstrate the possibility of a so-called generative freedom, in line with the general principle of the economic order of a Rule of Law, as is the case in Brazil.