ReDiS - Journal of Social and Environmental Law (UEG), linked to the UEG Law School, is a biannual academic publication, in continuous flow, with free access, which allows the publication of scientific articles, reviews and interviews linked to the following axes: a ) Theory, hermeneutics and judicialization of Fundamental Rights; b) Public Policies and Social Movements aimed at promoting Human Rights; c) Empirical and critical research in Social and Environmental Law. ISSN: 2965-3991
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ENVIRONMENTAL EDUCATION AND SOCIAL REPRESENTATIONS ABOUT WATER
This study aimed to analyze the social representations of water among elementary school students from urban and rural public schools in Vargem Alta, Espírito Santo, Brazil, by connecting the Theory of Social Representations (TSR) with Environmental Education. This qualitative research, with an exploratory and descriptive character, used two data collection instruments: a questionnaire applied to 74 students and semi-structured interviews conducted with 20 participants from one rural and one urban school. Questionnaire data were tabulated in Excel, and the interviews were processed using the IRaMuTeQ software. Students' interpretations of environmental degradation and water resource management revealed that urban students associate pollution with the lack of sanitation and improper waste disposal, while rural students emphasize predatory agricultural practices and deforestation. This division reinforces that social representations are not homogeneous but are shaped by the territorial and social context of the participants.
environmental education; social representations; water.
education; environment; interdisciplinary
Copyright (c) 2025 Social and Environmental Law Journal https://creativecommons.org/licenses/by-nc-nd/4.0
(DE)BOVINIZATION, (DE)SERRANIZATION AND SOLIDARITY IN THE SIERRAS OF CORDOBA, ARGENTINA (2000-2020)
What is the situation of the dispersed rural population in the highlands in relation to small-scale livestock production and the advance of real estate, tourism, and quarrying in the departments of Totoral, Punilla, Colón, Calamuchita, and Santa María in the Province of Córdoba? In the territories of the Chaco Serrano morphoclimatic zone, in the eastern portion of the Pampean Highlands, existing territorial structures not only shape the landscape in the reproduction of capital, but also generate social conflicts over food, water, and land, such as those that exist in the Sierras Chicas region, where the depopulation of the highlands through intentional fires, deforestation, and destruction of watersheds is displacing the small farming families who have historically lived there. Through interviews, field surveys, analysis of regulatory frameworks, and journalistic sources, we document here the ongoing (de)serranization. The deterritorialization of mountain life and traditional family cattle farming practices is increasingly occurring in the face of urban and real estate development, large-scale quarrying, recreational/tourist activities, and initiatives that prioritize environmental and tourism services through depopulated areas, thus undermining the habitat and agricultural practices of the mountains. This deterritorialization process is leading to resistance and resilience in the mountains, sustained by food security and urban-rural solidarity against land grabbing, the expansion of mining and real estate development, which have serious consequences for ecosystems, local economies, and water availability in watersheds.
The objective of this scientific article is to analyze the irregular appropriation of Brazilian lands, one of Brazil's major historical challenges, marked by land concentration, the fragility of records, and the persistence of illegal land grabbing (grilagem). Since the colonial period, the absence of an effective agrarian policy has consolidated inequality in land access, favoring illicit practices of document falsification to legitimize irregular possessions. Thus, the lack of a fair land distribution and the irregular appropriation have worsened over time. This research, qualitative in nature and based on the deductive method, begins by analyzing constitutional and infra-constitutional norms, especially the social function of property provided for in article 5, XXIII, and article 186 of the Federal Constitution, contrasting them with the practices of traditional illegal land grabbing and, more recently, with the so-called "digital land grabbing" or "digital grilagem." Digital land grabbing refers to the electronic manipulation and falsification of data in public registry systems, which poses a new challenge to agrarian and environmental law. Therefore, the research shows that the irregular appropriation of land, in any of its forms, compromises the social function of property, undermines agrarian justice, and increases conflicts in rural areas. Not only that, but the use of artificial intelligence, integrated with efficient public policies, is also proving essential to safeguard legality, promote the equitable distribution of land, and ensure the effectiveness of the social function, a central pillar of the Brazilian agrarian legal system.
Irregular Appropriation; Digital Land Grabbing; Social Function Of Land; Illicit Practices and Artificial Intelligence.
This article analyzes the main theoretical currents in Anthropology concerning the territorial organization of indigenous peoples, articulating the debate between territoriality and territorialization with the realization of fundamental human rights. Starting from the contrast between culturalist approaches to territoriality - of a more static and ahistorical character - and processual perspectives of territorialization - which emphasize historical, political, and relational dimensions - the study demonstrates how this paradigmatic transition directly impacts the recognition of indigenous territorial rights. Through a bibliographic review spanning from classical contributions by Boas, Mauss, and Hall to contemporary debates by Oliveira, Ferreira, Barbosa da Silva, and Mura, it is argued that the adoption of the concept of territorialization not only provides a more suitable analytical framework for understanding indigenous territorial dynamics but also grounds the implementation of public policies aligned with ILO Convention 169 and the human rights of indigenous peoples. The article is structured around three main axes: the critique of culturalist determinism, the emergence of the processual paradigm, and the implications for the realization of human rights in the context of territorial struggles.
THE LEGAL FRAMEWORK FOR LITHIUM AND STRATEGIC MINERALS IN BRAZIL
The objective of this research is to analyze the institutional initiatives of Brazilian political representatives - including presidents, federal deputies, and senators - regarding lithium mining in Brazil. We seek to understand how these authorities have influenced the extraction and management of this mineral resource. The research also investigates the possible gaps and challenges in the implementation of proposed federal public policies, seeking to understand the obstacles that can compromise the effectiveness of the measures adopted, as well as the guarantee of the preservation of natural assets, the distribution of generated resources and the democratization of decision-making. For this, the present research adopts a mixed qualitative approach, combining elements of documentary and descriptive research. The data collection is carried out on official bases, such as the Official Gazette of the Union and the website of the Chamber of Deputies. The analysis of data is done through documentary analysis techniques, to identify patterns and trends in policies, guided by criteria of thematic emphasis related to strategic minerals, focusing on lithium. We conclude that most initiatives act as an incentive and facilitator of lithium extraction, without effective social control and robust mechanisms for environmental and social protection. In general, the measures adopted prioritize market action in lithium extraction, centralizing decision-making power in mining companies.
Lítio; Mineração; Marco Legal; Transição Energética.
NEW PESTICIDE LAW AND ABUSIVE ENVIRONMENTAL CONSTITUTIONALISM IN BRAZIL
The article critically analyzes Law No. 14,785/2023 (the new Pesticides Law) considering the 1988 Constitution and the paradigm of ecological constitutionalism. It starts from the hypothesis that the law promotes a socio-environmental setback, made possible through what we call abusive environmental constitutionalism, which consists of the instrumentalization of constitutional legality to chronically violate the state's duty of environmental protection. The main objective of the research is to demonstrate that by breaking with the tripartite model and concentrating regulatory powers over pesticides in the Ministry of Agriculture and Livestock, the new law violates fundamental constitutional principles such as precaution, prevention, and prohibition of socio-environmental regression. The methodology adopts a qualitative approach, based on documentary analysis and bibliographic review. In conclusion, it is found that the new legislation consolidates a model of governance that constitutes a socio-environmental setback, in which the state acts as an agent of legitimization of the interests of agribusiness. In response, ecological constitutionalism is proposed as a path for normative, hermeneutic, institutional, and political-social reconstruction, based on the interdependence between the protection of nature and fundamental rights.
LAW FOUND IN THE STREETS AND ITS RELATION TO SOCIO-TERRITORIAL CONFLICTS
Brief biography José Geraldo de Sousa Júnior (Rio de Janeiro, 1947) is a jurist, professor, and researcher recognized for his work in human rights, citizenship, and critical legal theory. He holds a degree in Legal and Social Sciences and a Master’s and PhD in Law from the University of Brasília (UnB). He joined UnB as a faculty member in 1985, became a full professor, and served as Dean of the Law School and as Rector (2008–2012). He also served as Director of Higher Education Policy at Brazil’s Ministry of Education and held administrative positions during Cristovam Buarque’s administration in the Government of the Federal District. Founder of the project Law Found in the Streets (O Direito Achado na Rua), he consolidated one of Brazil’s most influential legal approaches focused on recognizing rights produced through social struggles and public spaces. With long-standing service on the Federal Council of the Brazilian Bar Association (OAB), he stood out in the defense of civil liberties and in the mediation of social conflicts. Author of an extensive scholarly body of work and editor of major editorial series, he was awarded the title of Professor Emeritus of UnB in 2024, in recognition of a career marked by commitment to democracy, justice, and social transformation.
THE INDISPENSABILITY OF LEGAL REGULATION IN THE RURAL FIELD BY CONTEMPORARY AGRARIAN LAW – AN ANALYSIS OF THE WORK “THE DEMOCRATIC REGULATION OF SURPLUS IN THE RURAL AREA
This review aims to critically analyze the doctoral thesis of João Paulo de Faria Santos, entitled "The Democratic Regulation of Surplus in the Countryside: The Still Indispensable Agrarian Law," which defends the continued relevance of legal regulation in the Brazilian countryside. To support this thesis, the author presents the historical, political, and legislative perspective of the agrarian question, aiming to understand the formation of Agrarian Law as a branch of Economic Law. Additionally, the transition of land into an economic good (commodity) tradable in the land market is examined. This good, therefore, is strategically stripped of its collective dimension to acquire an individual/private character, protected by Modern Law as an absolute right. However, as a result of the global crises of the late 19th century, a new way of thinking about Law emerged, resulting in the creation of Economic Constitutionalism and the recognition that property has a social function of a collective nature. In the Brazilian context, the author presents how the agrarian question has been addressed since colonization, through the Land Statute (considered fundamental for the institutionalization of Agrarian Law) of 1964, and culminating in the Federal Constitution of 1988. It can be concluded that, given the paradoxes witnessed in Brazil, such as hunger coexisting with bumper crops and the growth of "Agribusiness Law," the role of the State and agrarian reform remain crucial for sustainable development and for safeguarding the public interest.
legal regulation of capital in the countryside
THE SCOPE OF THE RIGHTS OF QUILOMBOLA COMMUNITIES IN BRAZIL
The pursuit of effectiveness in the rights of Quilombola Communities faces significant challenges due to the systemic failure of the state to protect, respect, and fulfill their human rights. On the international level, several documents provide special protection to these Communities, notably the International Labour Organization’s Convention No. 169 of 1989 and the United Nations Declaration on the Rights of Indigenous Peoples of 2007. It was only with the return to democracy, the enactment of the 1988 Federal Constitution, and the subsequent Decree No. 4,887 of 2003 that a protective legal framework was established in Brazil. This article aims to analyze the scope of national and international human rights norms concerning Quilombola Communities. To this end, it adopts a dual methodological approach. First, it conducts a literature review to assess the state of the art of national and international norms regarding Quilombola Communities, along with an analysis of their socioeconomic characteristics. Then, it proceeds to a case law analysis of two landmark decisions: DAU 3239, ruled by the Brazilian Supreme Federal Court in 2018, and the case before the Inter-American Court of Human Rights regarding the Communities of Alcântara, in which the Brazilian State was held accountable in 2024. The article concludes that rights violations against Quilombola Communities persist, and the reach of protective norms remains limited.
Quilombola Communities; ILO Convention No. 169; DAU 3239; Alcântara Communities
LAND SOLUTION COMMISSIONS AND THE STRUCTURAL PROCESS
The land question in Brazil is, historically, the epicenter of socio-environmental inequalities and conflicts, shaped by a conception of private property that consolidated to the detriment of traditional territorialities. This article argues that the root of this structural violence and extreme land concentration lies in the modern juridical mentality, which, according to the critiques of Karl Polanyi and Paolo Grossi, transformed land into a fictitious commodity and an absolute and exclusionary right. It is demonstrated that the traditional adjudicatory model, with its bipolar and formalist logic, is inherently insufficient for resolving collective and polycentric agrarian disputes, which are essentially manifestations of a structural problem rooted in a failed state structure. The central thesis is that the adoption of the Structural Process and the institutionalization of Land Solution Commissions (mandated by the STF in ADPF 828 and regulated by CNJ Resolution n. 510/2023) emerge as the most appropriate jurisdictional technique for social restructuring. These Commissions represent a paradigm shift by mandating institutional dialogue, in loco technical visits, and structured mediation as prior and necessary steps to any collective eviction order, aiming for responsive jurisdiction. The study, grounded in critical, philosophical, and jurisprudential research, confirms that this approach is essential for promoting the social function of land, protecting the territorialities of vulnerable populations (such as indigenous peoples and quilombolas), and realizing agro-environmental justice in Brazil.
The interview with Girolamo Domenico Treccani, a tenured professor at the Federal University of Pará (UFPA), addresses the complex socio-environmental issues of the Legal Amazon, focusing on the territorial dispute between traditional peoples and capitalist land exploitation. Treccani distinguishes "territories of life," understood as cultural and identity spaces of indigenous peoples and quilombolas, from "land-capital," seen as a patrimonial asset for economic exploitation, often with negative environmental impacts. Land grabbing and mining are highlighted as practices fueling land conflicts, exacerbated by inadequate records and land overlaps between public and private properties. The right to prior, free, and informed consultation of traditional populations is seen as fundamental, but often overlooked. Treccani advocates for collective land titling of these populations as a means to ensure territorial protection and combat land speculation. He also emphasizes the importance of integrating land management systems and promoting greater inter-institutional coordination to regularize land in the Amazon. The professor concludes by stating that the Amazon should be recognized as a territory of rights, where biodiversity and sociodiversity coexist and are equally valuable.
THE ALLOCATION OF PUBLIC REAL ESTATE FOR TRADITIONAL PEOPLES AND COMMUNITIES
Public administration has been instigated regarding the need to allocate public real estate to traditional peoples and communities, in order to regularize the use and occupation of these spaces. In light of this, the promulgation of standards addressing this social demand is ongoing, although they are not mentioned in mainstream administrative law doctrines. This situation makes the search for information on the performance of public agencies an important alternative amid the scarcity of legal studies explaining how public administration can act in response to this social demand. This article presents the outcome of bibliographic and documentary research, using primary and secondary sources to analyze the methods of allocating public real estate to traditional peoples and communities. The main objective is to explain the procedures carried out by the federal public administration and contribute to updating the approach to this subject, especially in administrative law. It is important to highlight that the research starts from the production of geographic space (traditional territory) to its formalization before public administration. Therefore, given the dynamic between society and nature, it explains how it is possible to articulate social demand and administrative mechanisms for land regularization.
THE LEGAL REGIME FOR THE EXPULSION OF FOREIGN CITIZENS IN THE MOZAMBICAN LEGAL SYSTEM
The present study deals with the Legal Regime for the Expulsion of Foreigners in Mozambique, a very current topic, especially the expulsion of foreigners, as the coercive removal of individuals from territories outside their jurisdiction, observing all legal procedures for staying or leaving for reasons duly substantiated by the authorities with powers to carry it out. However, in Mozambican jurisdiction, it is incumbent upon the Minister who oversees the area of migration, specifically that of the Interior, on behalf of the Government to order the administrative expulsion, pursuant to paragraph 1 of article 40 of Decree No. 108/2014, of 31 December, which approves the regulation of Law No. 23/2022 of 29 December, the legal regime for Foreign Citizens and establishes the respective rules for entering, staying and leaving the country, as well as their rights, duties and guarantees and establishes the respective norms for entering, staying and leaving the country. Furthermore, in the Mozambican legal order, there are two types of expulsions, namely: administrative and judicial expulsion. Under the terms of number 2 of article 40 of Decree number 108/2014, of December 31, the foreign citizen covered by the administrative expulsion measure, if he so wishes, may file an appeal with the Administrative Court, without suspensive effects, in order to safeguard its permanence.
THE FEMALE REPRESENTATION IN ELECTIVE POSITIONS AND ITS CONSEQUENCES IN THE DEMOCRATIC QUALITY OF THE STATE OF BAHIA
The present work started from the analysis of 102 samples collected through a virtual research questionnaire, which made it possible to analyze distinct variables that, in line with the literature review, make it possible to identify both the profile of the Bahian electorate and the state representatives, elected in the 2018 and 2022 ballots. Based on this, it was possible to investigate the female representation in elective positions, its consequences in democratic quality and the effects of the policy of care on female participation in politics. In the meantime, it was evidenced that this current hinders the realization of the expectations of voters about their own representatives in their concrete performance, because they place parliamentarians in a symbolic political position. That said, it is relevant to debate publicly about the effectiveness of female representation in the Bahian scenario and its consequences for democratic quality, especially from the perspective of the electorate. The research used a hypothetical-deductive methodology, of a qualitative and quantitative nature, using historical, documentary, and bibliographical procedures, applying a closed questionnaire to the research participants.
MULTIPARENTALITY AND NEW FAMILY CONFIGURATIONS: REFLECTIONS ON PARENTAL DYNAMICS AND CONFLICTS IN LIGHT OF CIVIL LAW DOCTRINE AND BRAZILIAN JURISPRUDENCE
This article aims to analyze the evolution of the concept of family in Brazilian law, with an emphasis on multi-parenthood, parenthood, and socio-affectivity. Since the promulgation of the Federal Constitutions from 1824 to 1988, with emphasis on the 1988 constitution, where it was possible to observe the rupture of the traditional family model, opening space for new arrangements based on affection, coexistence, and parental relationships. The valorization of the dignity of the human person and the recognition of affection as a legal basis have driven the protection of various family structures. Based on legislation, provisions of the CNJ and doctrine, jurisprudence, especially of the STF, the work argues that Family Law should reflect the plural reality of contemporary society and ensure the legal protection of legitimately constituted emotional bonds.
Família contemporânea. Multiparentalidade. Socioafetividade. Constituição
The author of the aforementioned work, along with the contributing co-authors, identifies that the Armed Forces have never been absent from Brazil’s political history. This enduring presence demonstrates that the military is neither apolitical nor politically disengaged. On the contrary, the military has historically occupied a central role in political power. With the establishment of the Republic, political disputes arose among various military factions—whose presence in the constituent congress once reached a quarter of its members—marking the beginning of a contradictory and lasting intervention in Brazilian politics, a proximity that continues to the present day.
This review analyzes, problematizes, and connects the discussions presented by the various authors of the book 1964: Critical Views of the Coup: Democracy and Reforms in Populism, edited by Caio Navarro de Toledo. The debates proposed focus mainly on the economic, political, and social aspects that led Brazil to the military coup that lasted from 1964 to 1985. In addition, the book brings together different perspectives on the dictatorship and on the Brazilian context in the period that followed, and finally includes the account of the editor Ênio Silveira, adding an important testimonial dimension to the collection.
FORMAS ALTERNATIVAS DE COMBATE AO RACISMO: RESENHA DO LIVRO “O NEGRO: DE BOM ESCRAVO A MAU CIDADÃO”?
“O nengro: de bom escravo a mau cidadão”? é o título do livro de Clóvis Moura que resultou da compilação de três trabalhos sobre a escravidão negra. Composto por três partes todas interligadas ao título, tece uma crítica contundente à persistência de estruturas coloniais e escravistas na sociedade brasileira mesmo após a abolição. Publicado originalmente em 1977 e reeditado em 2021, pela Dandara editora, a obra objetiva-se a desconstruir a visão tradicional de “passividade” concebida ao africano negro na era do escravismo, demonstrando o papel ativo do negro no interior das lutas sociais no Brasil tanto para sua libertação quanto para a independência do Brasil.
ANALYSIS OF LAW 9.985/2000 AND ENVIRONMENTAL PRESERVATION
Recognized as one of Brazil's most significant areas for environmental conservation, Chapada dos Veadeiros, located in the state of Goiás, exemplifies the effectiveness of Brazilian environmental legislation in protecting unique ecosystems rich in biodiversity. This article aims to examine the application of Law No. 9,985/2000, which established the National System of Nature Conservation Units (SNUC), in Chapada dos Veadeiros, with the goal of understanding the impacts of sustainable development in the region and the role of environmental preservation in areas requiring protection. To this end, the study addresses legislative proposals for regulating preservation zones in Chapada dos Veadeiros and the challenges posed by agricultural pressure, tourism, and conflicts of interest following the implementation of the SNUC. Ultimately, the findings reveal that conservation measures for the Cerrado biome, such as the establishment of national parks and reserves, despite various challenges, have significantly contributed to local environmental preservation.
THE TREATMENT OF PEOPLE WITH DISABILITIES IN THE FACE OF CRIMINAL EXECUTION AND THE SYSTEMATIC PERPETUATION OF SERIOUS VIOLATIONS OF THE HUMAN RIGHTS OF CONVICTS
The present article addresses the unconstitutional state of affairs to which individuals with disabilities are subjected within the brazilian prison system. The problem involves understanding how prison facilities contribute to the perpetuation of the segregation of groups, such as people with disabilities, hindering their dignified reintegration into society. The research justification is demonstrated by the high social relevance and the legal significance of the topic at hand, due to the serious human rights violations experienced by individuals within the brazilian prison system. The objective is to assess whether the modus operandi of the brazilian prison system is responsible for perpetuating the unconstitutional state of affairs experienced by people with disabilities during and even after their incarceration. The methodology employed relies on the qualitative method through bibliographic research. The research discusses the Unconstitutional State of Affairs recognized by the Brazilian Supreme Federal Court when judging the Fundamental Precept Assertion filed under number 347, as well as principles, articles, and objectives outlined in the Resolution of November 22, 2018, from the Inter-American Court of Human Rights and, especially, in Brazilian legislation, particularly in the Federal Constitution and the Penal Execution Law. The article concludes that the Brazilian prison system is insufficient to reintegrate individuals due to inhumane treatment and the non-compliance with the set of norms to be followed, and this state is perpetuated due to the lack of interest and planning by the Public Authorities.
ENVIRONMENTAL FORENSICS AND RESOURCE MANAGEMENT
This study addresses the technical, economic, and operational feasibility of implementing the Inductively Coupled Plasma Optical Emission Spectrometer (ICP-OES) at the Laboratory for Water and Effluent Analysis (LAAE), under the Goiás Police Technical- Scientific Superintendency (SPTC/GO). The research emphasizes the importance of environmental forensics for producing technical evidence related to water pollution crimes and other environmental infractions. The study also explores the strategic feasibility of securing institutional and private funding for implementing the equipment. A qualitative approach was employed, including a bibliographic review, documentary analysis, and consultations with case studies and technical literature. The results indicate that the ICP-OES is an indispensable tool for identifying and quantifying heavy metals and other pollutants at trace levels, capable of meeting the requirements of Resolutions CONAMA No. 357, 396, and 430. Despite the high acquisition and maintenance costs, the equipment demonstrates strong technical and economic feasibility, particularly when supported by institutional partnerships and external funding sources. The implementation of the ICP-OES at LAAE will enhance custody chain procedures, expand the laboratory's technical capacity, and establish Goiás as a reference in environmental forensics in Brazil. It is concluded that investing in the ICP-OES will not only meet the growing demand for precise analyses but also contribute to holding offenders accountable and mitigating environmental impacts.
Copyright (c) 2024 Social and Environmental Law Journal https://creativecommons.org/licenses/by-nc-nd/4.0
A TRANSCIVILIZATIONAL PERSPECTIVE ON INTERNATIONAL LAW: QUESTIONING PREVALENT COGNITIVE FRAMEWORKS IN THE EMERGING MULTI-POLAR AND MULTI-CIVILIZATIONAL WORLD OF THE TWENTY-FIRST CENTURY
DOSSIER ACADEMIC DIALOGUES IN HUMAN RIGHTS – VOL. 2
EDUCATION IN HUMAN RIGHTS THROUGH THE FEELING AND THINKING OF SOCIALIZATION IN THE UNITED NATIONS MODELS