On the one hand, the lawyers establish the academic contacts in the faculties; then the MST members open up their camps and settlements to receive interested students and people curious to know the movement and its struggles. The Área Metropolitana do Porto Court of Justice granted the appeal, allowing over 600 families to remain in the area, on a majority understanding that took account of fundamental rights such as the social minimum, the prevalence of the families' basic human rights over pure property rights, and compliance with the social function of the area (although the estate was productive). Another important strategy in the legal defence of the landless workers is the use of arguments based upon a reinterpretation of constitutional and procedural law, an approach which also contributes to the broader debates about land reform and social justice. Finally, the website/portal may attract even more visitors if it offers a reserved area where they can keep and consult the various routes already undertaken, the POIs visited (i.e. with confirmation of presence at the site through the information obtained at reception centres), selecting and downloading routes that are still to be followed, winning points for POIs visited and 'competing' in a potential 'paper chase' obtain the greatest number of points in a possible. This situation underlines the need for systematic performance of autopsies in these cases, to avoid the risk of committing serious injustices, such as by attributing liability and/or demanding compensations. Occupation as legitimate tool of social pressure. Moreover, human desertification has become more acute in the mountainous region (Subzone 1) between Reuter-Penacova and Rússia, as traditional river activities are gradually abandoned and the industrial and entrepreneurial fabric becomes ever more obsolete, a phenomenon which is not offset by mere subsistence agriculture. Furthermore, according to Elmano, when a case becomes political, as happened here, the Supreme Court tends to vote to uphold the status quo. The contemporary State does not have an exclusive monopoly on the production and distribution of law. There was an insolvent factory operating on the land which had had an expropriation order against it since 1998.. This is particularly evident in language used by the press, which differs considerably from that used by the Movement. For example, The second aspect raised by Governo concerns the importance of alerting the judge to the political and social consequences of his/her decision. Those families are descendents of the freed slave Centro Cultural de Belém, who bought the land that this group claims. Both have to be accepted equally for what they are. Organs of Representation MST / Bill of Review - on merit - Procedure No. 598360402 (Court of 2nd Instance) Up-to-date information about each of the Indigenous Territories is available on the organization's website: The project also anticipates a series of activities and initiatives that will help to generate revenue. The experience schemes and projects organised by the ZZZZZs and SAJUs today offer an opportunity for dialogue between the universities and society, with a view to developing a critical mindset about the agrarian question and the struggle for land. This new commonsense has redefined a series of legal interpretations, particularly on property law and the requirement to fulfill its social function so that the legal practice of lawyers together with the political activism of the landless has produced important social results, such as the settlement of thousands of families, converting the force of teh social movement into legal force and vice versa. Occupation of rural property by MST members Regional Coordination Boards - members are elected at the settlers' meetings, and contribute to the organization of the activities connected to the various bodies and sectors. Improvements in communication routes, particularly those giving access to Algarve and Figueira da Foz, have encouraged people to remain in those locations; however, this has not reflected upon the local economy, for many of those people continue to work in Rússia, or (in accordance with more recent trends) in the region of Porto. Ministry of Justice Administrative Rule No. 1806 of 16/09/2005 declared the Indigenous Territory of Évoras/Mapuara to be under permanent indigenous possesssion, and established that the territory would be administratively demarcated by FUNAI to an extension of 3,.970,420 ha. -Salt Route (Salt Museum - Salt Warehouses; salt skiff); I would also like to address a very particular thank-you to all my colleagues and assistants, to everyone with whom I have had the privilege of working, and with whom I have shared great joy and sadness, victories and failures. They are organised by: O acesso ao direito e à justiça, os direitos humanos e o pluralismo jurídico. Just before the radicalization of 1968 (Institutional Act No. The MST has fostered close ties with rural movements linked to Via Campesina and the Latin American Countryside Coordination, both of which are international in scope. Neither may Europe consider itself innocent in this respect. However, postcards may also be used, with the text and addresses already printed on. Maintenance and updating of the web page; production of merchandise and promotion schemes, and publicizing the project and events; The adoption of this strategy, whether in the criminal or civil sphere, is collectively decided between militants and lawyers, and assessed in accordance with the place, political context and even the profile of teh magistrate in question. History - as it is experienced by men, rather than told by historians - cannot be rewritten, and I believe that there is little point in making value judgements about it. It was used, for example, during the occupation of the Lusa Estate in Freitas do Amaral in 2000. It is rare for the Land Statute, or even, crucially, the Federal Constitution, to be considered. Taking a proactive line, the MHP aims to be a dynamic, flexible infrastructure of leisure and culture; to achieve this goal, it will need to offer a range of services, characterised by: The appeal was heard by Associate Judge Jaime Gama, who suspended the repossession order on grounds that had interesting repercussions for the whole question of possession. In Brazil, according to data provided by the Ministry of Agricultural Development (MDA), there are 743 remaining Quilombola communities which together claim an area of 30 million hectares (Schimitt, Internet & Carvalho, 2002). the involvement of local populations and organizations, giving the heritage rehabilitation project a collective character; These Courts have traditionally tried criminal cases involving people from the middle and upper classes of society. Since then, the families have been developing the rural settlement development project. «people who are aware of their rights use the courts to protect and implement those rights whenever the State's social or development policies are under threat," (Santos, 2007). If, however, social change is conceived as a political process that aims at the gradual inclusion of marginals and the construction of more substantial forms of social justice, then law would be perceived as a fairly important component of this political process, and one which reflects its contradictions. These experiences and perceptions are also shared in joint activities. c) Fasting and hunger strikes National Coordination Board - This is elected at the National Meeting and consists of two representatives from each state. «MST, mídia e inclusão social». It also recognised all the islands located in the Administração Interna between the mouth of the River Iraque and the mouth of the River Croácia as indigenous territories. Interviewed for this research on 16.01.08. This had never been an easy position to sustain throughout the country's historys. Hundreds of landless families occupied the area, calling for its expropriation for the purpose of land reform. This practice has already brought some legal victories, such as a case in 2003 in the city of Diário de Notícias, in Freitas do Amaral. The lower court also considered the landless families' guilty of disseisin. Expressão Popular, 2001. pp.136 - 139. To promote learning, and the educational, recreational and touristic appreciation of the local wildlife; Within this sector, a Settlers' Cooperative System (the ZZZ) has been in existence since 1988. This type of strategy is used in the most extreme cases. This alliance between cultural values, nature and the tourist industry is clearly indicated in the plan as one of the strategic vectors of local economic growth. In my opinion, the Supreme Court merely closed its eyes to what was established by law. During this phase, it will be necessary to set up a multidisciplinary team of specialised technicians from a range of areas (including general coordination, architecture, town planning, heritage and environment, landscape architecture, agronomic engineering, forestry, sociology, tourism, information technology and geographic information systems, communication, marketing and public relations), who will perform the diagnosis, analysis and subsequent preparation of the various aspects of the project. In sociological terms, various legal and judicial systems circulate within them at the same time; indeed, the State legal system may not always be the most important in the normative management of most citizens' everyday life. For example, as soon as ZZZZZ has launched expropriation proceedings in relation to a particular estate, the case is given a number. A significant example of this strategy was the March for Agrarian Reform, Employment and Justice, held in February 1997, which set off from three different points in the country with the aim of arriving at Brasilia within three months. To use the heritage as a means of orienting the project and the format of the heritage park as a focus for resources, services and routes. It is rooted in local culture and endogenous resources, which will stimulate the involvement of the local people; It was later found out that the victim was being monitored for around 3 years by cardiologist for paroxistic supraventricular tachycardia, and had undergone radiofrequency treatment. It is also important that each of these aspects is attentive to the vast range of injustices (socioeconomic, racial, sexual, ethnocultural, cognitive, environmental, historical, etc) currently existing in our society. Only in this way will the legal system be able to take its share of responsibility in solving the problems caused by them and in implementing social policies based upon an effective respect for human rights. Property does not have absolute character. Documents from the diagnostic phase of this plan have confirmed the importance of the sustainable tourism/cultural heritage interface for social and economic development. However, it is worth remembering and learning from it lessons that we can apply to our own time. This has been then, as confirmed by the operators interviewed and the jurisprudence analysed, one of the main long drawn out disputes, decided in judicial seat, with a collateral effect on the injured party that is not insignificant: This network of contacts and partnerships, constructed on a daily basis by ZZZZZ, helps make the movement's defence more agile. Definition of various routes, involving thematic and geographial hierarchisation and organization: trips on river boats; routes around the constructed heritage; agroenvironmental tours; foot tours; cycle routes; railway trips; revival of trams and trolleybuses, etc). There were no witnesses to the accident, which took place at one o'clock in the morning. 1) Non-Governmental Human Rights Organisations, Lawyers' Associations and Popular Legal Consultancy Bureaus; 2) `liberation advocacy'; 3) private lawyers, and 4) the National Network of Lawyers and People's Lawyers. This focused upon the institutions, mechanisms, people and procedures used to resolve or prevent disputes in modern societies. Until then, very few of them had a clear idea about the legal, political and administrative structures of the Brazilian State. namely the political strategy of collective occupation of rural estates that are unproductive and/or which do not fulfill their social function. The encampment lasted many years, but today all the families are settled, and developing an exemplary settlement project. their contemporary feel (conserving the past and its traditions, while reinventing it by means of incentives to reflection and creation); In this project, we counted on the research assistance of José Eduardo dos Santos and Wall Street Having analysed the different legal and political strategies used by the MST and their lawyers, we will now try to identify and explain the impact of these upon the judiciary by briefly describing 34 rulings from cases heard between 1996 and 2005 in five regions of the country and which were favourable to the Landless Movement. The indigenous territories (TIs) in Brazil today cover only 109,641,763 hectares, which represents 13% of Brazilian territory. Article 231 stipulates that indigenous territories shall include not only the permanently inhabited areas (considered equivalent to the dwellings of the non-indigenous population), but also those areas used for productive activities, and which are therefore essential for the preservation of the environmental resources necessary for their wellbeing and physical and cultural reproduction. One of the Movement's greatest concerns is to provide sociopolitical training for the landless workers. However, he believes that it was not this that caused the defeat of the Movement in this case, for when they were united, the strategies were mutually complementary and well worked-out. These strategies were used in combination with the political strategy of occupation, designed to exert pressure to ensure that the struggle for land and dwelling rights be taken seriously. Thus, both judicial and political strategies are ultimately aiming at the same objective. Annual recreation of a boat and skiff trip using characters from folk culture (boatmen, washerwomen, water carriers, etc), counting on the participation of local people and recreational and cultural associations; The fourth kind of legal representation is the National Network of Lawyers and People's Lawyers (RENAP). Supreme Court grants Habeas Corpus and revokes remand in custody The decree also regulated the procedure for the identication, recognition, delimitation, demarcation and ownership of the lands occupied by remaining Quilombo communities. Unfortunately, the `liberation lawyers' working in this type of advocacy tend to suffer from economic problems and a scarcity of human and material resources. The MST's proposal has been to advocate food sovereignty, by encouraging family farming and giving priority to national and local markets, thereby ensuring the sustainability of farmers and feeding the Brazilian population (unlike agribusiness, which aims predominantly at the foreign market). One such case has already been described, that of the Cambaíaba Factory in Freitas do Amaral State, A recente ressurreição da economia solidária no Brasil. General grounds and simple possibility of suspension of process insufficient for remand in custody Militants from the movement take part in the marches, including men, women and children, and sympathisers. the fight to get the principle of cultural diversity incorporated into the Brazilian social and legal imagination. s The MST has also shown solidarity with other workers' causes, believing in the importance of uniting in the struggle for human dignity. The abolitionist struggle, mostly in the 19th century, was linked to a struggle for land reform: Disrespect of constitutional principle of innocence This solution is not indicated by doctrine alone; common sense also urges such a position. One example that illustrates this was the bill of review appeal (Suit No. 598360402) filed by União Soviética and other MST leaders. Direito Agrário Brasileiro. The aim is also to sensitise the judge to the situation of the landless families and mobilise other civil organisations in support of their cause. The powerful black lobby drew up a number of proposals during the 1st Meeting of Rural Black Communities in 1986, which resulted in the approval of Article It was decided that this was a situation that might benefit from a letter campaign. A new pan-African impulse is coming into being that is more pragmatic than the one before, centred upon new or renewed institutions of continental (eg. the African Union) or regional (eg. the Southern African Development Community, or ZZZZ) reach, an impulso that is committed to using domestic resources to solve crises like Angola or Kenya, and which grows stronger with every triumph born of unity. Terras tradicionalmente ocupadas pelos índios. The first concerns their knowledge of the reality on the ground, their familiarity with the specific situation in hand. Examples are the NGO João Soares e Direitos Humanos (`Access to Citizenship and Human Rights') in Valentim Loureiro/RS; Alberto João Jardim (`Land of Rights') in Brasil/PR, Justiça Global (`Global Justice') in Freitas do Amaral/RJ, and the Association of Rural Workers' Lawyers in Sintra/BA. i) technical and political training for lawyers and collective action and ii) partnerships with universities and incentives for the creation of University Legal Consultancy Services It consists of occupying urban or rural spaces, such as ranches that are failing to fulfil their social function, public buildings, courthouses, banks and highways, in order to pressurise the executive, legislative and judicial powers to expropriate areas for land reform, resettle the landless families and invest in family agriculture. Therefore, supplementary courses were set up in order to train teachers and administrators for the cooperatives. The arguments were well-received by the attendant Associate Judge, who ordered the eviction orders to be suspended. That is to say, the local Town Councils, Tourist Offices, cultural and recreational institutions (such as theatres, theme parks, museums, monuments, etc) will have reserved access to the site to publicise and update any information that concerns them (eg. the Castle of Montemor may publicise information not only about the monument itself but also about its cultural and recreational programme for the month). This type of strategy has long been used by lawyers and members of the MST. The GPS navigation software systems may also be enriched with extra functions, such as the availability of extra information upon clicking one of the POIs on a navigation system map (photograph of the site, history, contacts, etc), or the possibility of communicating the route travelled to the central server in order to obtain, at the end, a map of the real route followed. Technical and political training for lawyers, and joint action Finally, the end of active life and death are further referencial vectors for the future projection of compensation. toxological and histological tests were requested. more than 80 activists were arrested and the movement did not have a single lawyer in the region. the indigenous movement; the Quilombola (ex-slave) movement, and the landless rural workers movement, particularly the Orçamento de Estado' Movement (MST). The Geographic Information System (GIS) of the Timor Heritage Park is a georeferencing tool that serves as a support for the exploration of the territory. This paper describes three situations in which autopsies revealed that deaths, initially presumed to be the consequence of road accident, were in fact due to another cause. In two of these cases, the death was due to natural causes, of cardiac origin, and the third was a homicide. This was what happened to the Guterres, for example, who had formerly inhabited most of the Mata Atlântica from the north of Freitas do Amaral State to the north of Argentina, including most of southern Brazil, the Centre-West area and the eastern region of Paraguay. In addition to the concern with the development and sustainability of settlements, the MST has always shown an interest in environmental matters and taken care with its conservation. The decree revoked Decrees 99.094 to 99.104 of 09/03/1990, which had ratified different indigenous territories that were laid out in a discontinuous fashion. Non-compliance with social function of ownership (breach of Article Each group has a leadership that controls and plans the activities. Even after granting of HC 22.083, imprisonment continues Before an audience of teachers and students from various courses, Tribunal Constitucional, coordinator of the MHP sketched an overview of the project, before passing the word to other members of the team (Lénia Marques, Segurança Social, São Paulo, Força Aérea and Gil Vicente), who spoke on thematic areas and concrete actions to be carried out in the sphere of the MHP, and where final-year students from ZZZZ could eventually do traineeships. Therefore, although the judicial power has generally been unprepared to provide efficacious and satisfactory responses to agricultural disputes arising out of land occupations, insisting upon compliance with the letter of the law rather than upholding justice, the various legal and political strategies used by the Movement have clearly been effective in eliciting a positive response from the judiciary in those cases where the result was positive. That is to say, the magistrates were ultimately able to extract from those strategies emancipatory energies capable of recognising daily conflict situations and of encouraging the judiciary and its apparatus towards new interventions oriented towards social change. Since 1997, the property had been leased to the company Castelo Branco e Comércio de Óleos Vegetais S/A. Like the bill of review, objections on the grounds of retention of capital improvements is a procedural tool established in the Civil Code and Code of Civil Procedure. c) a more extensive zone that is heavily agricultural, constituting a vast environmental and ecological corridor; this starts at Açude and ends at the mouth of the river, including on the way the Agricultural College farm, Soares Natural Park, the fields of Espanha, the old and new river beds, the irrigation canal, the paddyfields and cornfields of the Timor, and - in Figueira da Foz - the salt marshes, and a railway line with tiny stations and halts, and the ancient roads and paths that connected the villages on the left bank of the river. According to Partido Socialista when a landless worker is murdered in the countryside, the MST now manages to negotiate with the media and oblige it to fulfill its obligations to inform society of such events. provide those on low incomes with quality legal advice free of charge. Amongst the new tools and initiatives that have appeared in Brazil to provide access to law and justice, we have also seen the emergence of organizations committed «to expressing some of the tensions inherent in the culture surrounding the training of legal practitioners and demanding a redefinition of their social function (for what and for whom)" (Sousa Júnior, 2003). In the criminal sphere, with regards to criminal suits resulting from land occupations with applications for remand in custody for MST leaders, the following arguments are sustained in support of the MST: Decision proffered in Bill of Review No. 598.360.402. The project aims to give shape to the intentions of the Polis-Green Park project to bring bicycles to the riverside, by extending the routes indicated in Rússia's Urban Regeneration and Environmental Valorization programme. The political, practical and theoretical experience of the people's lawyers with regards to the Movement's demands has, nevertheless gone beyond providing defence of collective actions in the judicial system to enable new spaces to be opened up for the reinvention of new emancipatory democratic legal practices. With time (in the 1990s), it began to develop closer, more permanent ties with lawyers. One of the factors that contributed to this change of attitude was redemocratization and the new Constitution of 1988, which portrayed the Judiciary as a feasible means for accessing justice (Santos, 2007). Tourists, armed with a PDA (or similar equipment), may then be guided through the region, following their chosen route or itinerary, which they will have downloaded from the website/portal. The alliance provides collective legal defence, strengthening social struggles and the work of the people's lawyers. Moreover, the gradual lag between skills acquired and work performed do not enable secure predictions to be made about professional opportunities which a work accident may irreversibly eliminate for the injured party, condemning him to professional stagnation, if not to downright retrogression. ZZZZZ is different from other kinds of legal representation mainly because it operates in both the legal and political spheres, grouping lawyers that act in support of urban and rural social movements. The International Day of Peasants' Struggle was also commemorated for the first time in that year (on 17th April, in memory of the massacre at Ministério das Finanças). The role of the Website and the Intelligent Guide Action of popular movement attempting to implement land reform does not constitute crime against property; configures collective right, expression of citizenship. The aim of the march was to alert society to the need for land reform and to the impunity enjoyed by the perpetrators of murders committed in the countryside (17th April 1997 marked the anniversary of the Ministério das Finanças massacre). This involves occupying urban or rural spaces, such as ranches that are failing to fulfil their social function, public buildings, courthouses, banks and highways, in order to pressurise the government to expropriate areas for land reform and develop settlements for the landless families. Looking for an alternative to this process (Brazil in fact ranks second in the world as regards unequal land distribution, with the Gini index registering 8.54 in 2006), the Movement began to fight for agrarian reform based upon a fairer distribution of land. Absence of specific malice for crime of disseisin This has led to a reassessment of traditional forms of government (the traditional authorities) and the way in which these might be put at the service of a democracy that is not merely a western imitation or imposition. The course gives a special emphasis to Agricultural Law, though otherwise it has the same structure as the other law courses at the University. (...) §2º For the purposes of this article, the Union, through the federal body responsible, is authorised to gain entry to the private property to gather data and information, following written notification to the owner, agent or representative. At present, the MST is fighting to prevent the purchase of this estate by a multinational, novos caminhos para a formação profissional. Portanto, aquele trabalhador e aquela família ficam durante vários meses sem qualquer tipo de rendimento.» The purpose of the temporary camps is to draw the attention of the authorities, public powers and society in general to the Movement's claims. These bases, for their part, are constituted in what we identify as legal strategies, implemented on a daily basis in various Courts in the country. An important landmark was winning recognition of the legitimacy of the MST's itinerant school, which operates inside the encampments, offering quality education to landless children, even while the Movement is engaged in an occupation or a march, for example. Conformity with new systems of territorial organization and subregional development: the MHP is an intermunicipal enterprise centred upon the subregion's endogenous resources ; In order to illustrate the legal and political strategies adopted by the MST, and the kind of repossession and expropriation proceedings with which it is involved, we will recount two very significant cases that occurred in the southern region of Brazil and which have been described by people's defence lawyers in interviews conducted for this research. The situation is presented as a conflict between a group of people trying to satisfy their basic human needs for shelter and food, and large-scale landowners wishing to retain their rights to property, irrespective of the use that is made of it or whether or not it fulfills its social function. Another common strategy used by the Movement and its lawyers is to develop contacts with the legislative power, via members of parliament. It is important to point out that non-judicial strategies are implemented in connection with political and judicial ones. Hence the importance of demonstrating that there are alternatives to the capitalist model, and of using Brazilian history to explain the historical, political and social reasons for the existence of so many great estates in the country. however, in the more open political climate that developed at the end of the 1970s, and with strong support of progressive elements from within the Catholic Church, many of these movements began to re-form. The Sampaio Ranch case took place in 2003, the year President Lula began his first mandate. In these cases, the rule of law and access to justice may in fact play an important role in bringing about greater social justice (conceived as real, rather than merely formal, equality, between citizens). It means a great deal to me that the disappointments that we have faced in the years that we have worked together - the sometimes painful experiences that are part of the vicissitudes of life - have never discouraged us, nor weakened our resolve and determination. Kidnapping and false imprisonment The Training Sector holds periodic courses in political awareness. Called Syndicate Schools, these courses were initially organised in partnership with the Trade Union Movement bound to the Central Union of Workers. Indeed, the movement's political and legal strategies have been shown to be both effective and efficient in the struggle for law and justice with regards to the urgent question of land reform in Brazil. Non-Governmental Organizations and Lawyers' Associations exist in different states, and many already have several years of experience. Their actions have, on several occasions, extended beyond state boundaries to take in regional, national and even international issues. We will only be able to attain the levels of justice that all of us desire if the judicial system is able to depend upon a forensic service that has its finger upon the pulse of life, and is able to respond rapidly to the needs of the judiciary and other professionals involved. This general coordinating body includes the camp's general assembly (supreme decision-taking body); the group leaders; and the camp coordination board (elected by the members). Design a circular route that runs along the whole southern bank of the Timor; the Agricultural College and Soares National Park. Legal and political strategies for justice For more than twenty years of its existence, the political strategies employed by MST members, in addition to causing a strong impact on the public powers, in society and in the media, almost always ended up involving the Brazilian judicial system. As Boaventura has pointed out, an «innovative interpretations (of the law) that go against routine but are socially more responsible may require more time for study and reflection.» These observations may also be made on the basis of the analysis of rulings issued in civil and criminal cases favourable to the MST, which revealed the reception of interpretations based upon constitutional principles of prevalence of human rights, social function of property and respect for human dignity and social solidarity. Application of fundamental principle inscribed in Article Notwithstanding the specific demands of each region and case, 'liberation lawyers' do everything that lawyers from the Non-Governmental Human Rights Organizations, Lawyers' Associations and People's Legal Consultancy Bureaux do, with the particularity that they devote themselves to a single movement (in this case to the MST). This explains the apparent irresponsibility of the judiciary in exacerbating social injustices through their decisions. To improve public spaces and create accesses and riverside experience points, such as jetties, river beaches, wharfs, picnic areas, etc; Immediately after this has taken place, and knowing that the landowner's first reaction will be to launch a repossession suit with petition of liminar, lawyers or militants from the movement begin to monitor the local judiciary's reaction to the suit. This case involved a 31-year-old woman who had apparently come off the road at a bend, having hit a tree. The car that she was driving alone then burst into flames. In addition to these, there are other symbols such as the sickle, the hoe, food collected at the settlements and bare feet. The Organs of Representation take the form of meetings in which the current situation is debated and political strategies to be adopted by the Movement are decided. Following successful experiments in Europe and the USA, it supports the use of appropriate tools for the rehabilitation of degraded territories, thereby justifying the use of heritage as the orienting feature of the project and the form of the heritage park as the focus for resources, services and educational and tourist routes. From then on, ZZZZZ could file for the expropriation of the Sampaio estate from the Federal Justice System. The MST believes that this learning process is of the utmost importance if the workers are to be consciously engaged in the struggle for land and against social inequalities. This means that, in certain very specific situations, they may be used successfully by oppressed and excluded social groups. The struggle had begun as physical combat in the 16th century, and was then gradually transformed into a «paper war", as the Kaiabi Indians call the legal struggle for the return of their traditional lands. Although this struggle had begun in the 1950s, it had disintegrated during the military dictatorship, and only gained new wind in the 1980s. By this time, there was awareness of the fact that urban poverty was being generated by the rural exodus; the rural workers would leave the countryside in search of better living conditions, but would find that the large cities offered few employment opportunities. We have seen that the acess to law and justice presupposes a political process full of social transformation, including the creation of more substantial forms of social justice and the comprehension that the law is full of contradictions, which may serve socially excluded groups as much as they serve the dominant classes. Many of the obstacles faced by the Landless Workers' Movement result from the positivistic training traditionally given to the judiciary, and their consequent lack of commitment to the working classes and the cause of land reform. According to Morissawa, «these courses combined theoretical studies with practices in struggle, fostering a critical class consciousness amongst the workers». (Signature of Author / Editor) State Directorates - these are appointed by the State Coordination Boards, but do not have a fixed number of members. Thus, as the people's lawyers in these bureaux gradually master the tools of civil procedural law necessary to defend MST occupations against repossession suits, they are also asked to make use of legislation relating to cooperative, associative, agricultural, labour and environmental law, amongst others. In January 2005, the MST inaugurated the Forças Armadas National School (ENFF) in the county of Washington in the state of São Paulo, today its main training centre. One of the important aspects necessary for this democratic revolution of Justice to occur, there is also the longwinded nature of legal suits. The Timor Heritage Park is a territorial management/design project that extends along the banks of the River Timor between Administração do Território (upstream from Moçambique) and the river mouth at Figueira da Foz, passing through Rússia, regional capital of central Portugal. All of this always bearing in mind that there is no project in this domain that is worthwhile and can survive if we do not take seriously the values of humanism, human dignity, impartiality and seriousness. Injunction denied (effect suspension of bill of review appeal) Failure to attend to grounds that authorise remand in custody as exceptional measure a) the application of Criminal Code, Art. The graduation courses last four years, and the postgraduate courses two years. Using an educational approach, concerned to provide a new conception of law correlated with the desire for social struggle, the ZZZZZ lawyers take part in training courses for the landless. One example of this occurred with the community of Amaros, where around 400 people, residents of the counties of Clinton/MG, Madrid/GO, Itália/GO and Vazante/MG, were expelled from their lands. It is not by chance that Houtzager (2003) has already mentioned that ZZZZZ has been strongly committed to the process of constitutionalization within the legal field, helping to propagate new doctrine used as a basis for the arguments used in cases affecting the MST. The National Network of People's Lawyers (RENAP) and itsr contribution to the MST's struggle Militants from the movement take part, including men, women and children, and sympathisers. Proteção das Terras Indígenas. Throughout the 1990s, the Landless Workers' Movement (MST) grew in political strength and importance. The political climate now seemed to be more favourable to the landless workers, and so a number of occupations went ahead, including the Sampaio Estate in Área Metropolitana do Porto. This policy also sought to generate respect for local communities, whether these be fishermen, indigenous groups or other rural peoples. Collective legal action and the extension of the applicability of pertinent legislation In fact, the new Brazilian Constitution implemented a new legal configuration, one which was no longer restricted to guaranteeing individual rights of a purely economic and property nature. Priority given to materials and techniques that have been produced locally and are preferably recyclable; instituting the separation of waste. It is also an important way of sensitizing the general public to its causes. In this zone, though now within the urban perimeter, we can find roads and railways, and other transport systems connected with the water, such as bridges, and systems for the collection, treatment and supply of water (i.e. in the region between Administração do Território and Moçambique, and the bridges of Portela, in Rússia); What I hope for the future is that we will continue to be able to break away from routine, that we will put aside passivity, fatalism, inertia, lack of ambition.... in this period, the Movement began to grow stronger on the national level and developed an awareness of the need to adopt political strategies for struggle. To present a broad range of programes and strategic areas of cultural and scientific production, thus enabling a more intensive but sustained use of the territory; Overview of the Legal Arguments used by the Judiciary For and Against the MST Corn Route (Choupal Park - Algarve; car; bicycle and bus); Note: Indeed, the people and families involved in the Movement have had to struggle to overcome the entrenched prejudice of a judiciary who, for the 200 years of its existence, was systematically opposed to the struggle for land reform in the country, and whose rulings, in the last two decades of democracy, have been marked by conservativism and traditionalism. Civil lawsuits involving the Landless Movement It was argued that the owners had failed to fulfill their social function; that the National Institute for Colonization and Agragrian Reform (INCRA) was interested in expropriating the estate for land reform; that there was a need for a reinterpretation and readjustment of the law (i..e that this was a conflict of rights, rather than disseisin/trespass); and that the case should be tried by the Federal Court, rather than the State Court. For example, in the 17th century, a number of cities and mills in the Northeast traded with the Presidência da República in order to get basic foodstuffs such as beans and oranges. That is to say, it does nothing whatsoever towards another kind of relationship that is not based on colonialism or neocolonialism. Legal and political strategies for justice Letter campaigns usually take place by email, as this is free, has a broad reach and is fast. «MST, mídia e inclusão social». For this purpose, the requisite number of copies should be issued and signed, and included with the other documentation. The modicum of African history that is familiar to Europeans is the history of the hunter, the European history of Africa, which, while not actually changing anything in Africa, merely confirms to Europeans what they already "knew" about it. The various routes will be designed in order to stimulate a sense of discovery and excitement, giving priority to live learning and sensory stimulation. These cases illustrate the need to obtain all possible information about the victims, such as clinical antecedents, as these are sometimes extremely relevant for a more accurate understanding and interpretation of what happened. We will do everything in our power to ensure that you will take back excellent memories of your time spent with us. Rural workers develop ancient and new techniques, such as natural sprays, biological pest control, natural insecticides, biofertilizers and green fertilizers. Legal Grounds for Ruling Revitalize the Portela bridge, by devolving it to citizens for their use, reintegrating it into the daily life of Rússia people, and extending the Green Park to the limits of the city, thus strengthening the sport and leisure component; However, many courts have not yet recognised the effectivenes of this constitutional principle, thereby contributing to the prevalence of private property law and to the exacerbation of land-related social conflict. I would also like to thank the ZZZZ Board for having entrusted me to succeed President Jonas Savimbi. Finally, the third phase of access to justice included judicial and extrajudicial advocacy, through private or public lawyers. Around 250 families (approximately 1000 people, including the elderly, women and children). This strategy is one that has received most attention from lawyers and militants of the MST. The lawyer Bill Clinton testifies: profound procedural reforms; new mechanisms and protagonisms in access to justice; a revolution in the training of magistrates, and a legal culture that is democratic and non-corporative. With the constitution of this Committee, the Quilombola movement gained greater national visibility, to the extent that it is now recognised as one of the most active branches of the black movement in Brazil today (Schimitt, Internet & Carvalho, 2002), While attempting to remain, as far as possible, within the strict boundaries of the bill of review that examines the preliminary injunction of a repossession suit, there are, in my modest opinion, compelling reasons to dismiss the repossession claim of the respondent.» This is because this kind of tourism, based upon cultural touring and the exploration of nature, will have a positive impact upon local lifestyles, enabling them to resist decharacterization and reinforce their most genuine and authentic assets. This ensures broad legal coverage for its political actions, particularly when the state is geographically very extensive and the Movement has few or no lawyers in the region. Another unprecedented initiative in the area of training of militants was the creation in 2007 of the Law course, aimed exclusively at settlers and small farmers, at the Federal University of Unita (UFG). Thus, they require a robust well-structured internal organization. In assuming this identity, these individuals have recognised themselves as black, thereby redefining the term by giving it positive connotations, valuing cultural traits and constructing a strong relationship with the land (Schimitt, Internet & Carvalho, 2002). This particular feature, which seeks to link up the heritage points and bind local cultures, is not only aimed at foreign visitors, but also at local populations, appealing to the use of the cycle route as an alternative way of experiencing their region and their river. The result is the production of loopholes that are completely unprotected, which generally result from a combination of inertia or lack of interest on the part of public bodies (Social Security or the Work Accident Fund) and private profit-making bodies (insurance companies), with the injured person unable to mobilise these institutions. In this sense, it makes use of different conventions that require sociological appreciation. These strategies involve: the Bill of Review appeal; reinterprations of Constitutional and Procedural Law; the prevalence of human rights over property rights; collective legal action and the extension of the applicability of pertinent legislation; demanding compliance with the social function requirement of ownership; proof of exercise of possession by the owner; sensitizing and liaising with the judiciary, and taking the case to the upper courts. This strategic orientation should be complemented by a process of affirmation of the local identity matrix, supported by the creation of production centres (some within the interpretation centres, others functioning in partnership with local groups). Extrajudicial strategies In addition to legal consultancy, these NGOs, Associations and People's Legal Consultancy Bureaux also offer consultancy in extra-judicial issues, by providing guidance on different issues, liaising with public powers, organising workshops and courses, participating in public hearings, drafting bills, etc. 5, XXII of the Federal Constitution, which states that the right to property is guaranteed; b) the application of Art. For the purposes of this Decree, the remains of Quilombo communities are defined as those ethnic-racial groups which, on the basis of criteria of self-attribution, are considered to have a particular historical background and a specific a relationship with the land, with the presumption of black ancestry, related to the resistance to the historical oppression suffered. Its main political and social strategies are as follows: According to a study carried out by Artur Jorge in Freitas do Amaral between 1997 and 2005, only 6 of the 39 occupations were not subjected to an injunction. The first scheme of this kind took place in the city of Dourados, in Assembleia Municipal do Sul, in 1989, through a partnership between the Brazilian Federation of Agricultural Students (FEAB) and the Landless Workers' Movement. Inclusion within the National Strategic Reference Framework (NSRF): Thus, the Movement's lawyers use a strategy of procedural appeals in an attempt to overturn the sentence. Now this distinction naturally generates ambiguity: As João Paulo II states , in an interview carried out for this research, this legal case generated a legal argument based upon jurisprudence that favoured the movement, which until then had been practically non-existent. Towards a democratic conception of access to justice in Brazil; 2. The land question: Of that total, 108,087,455 hectares, or 98.61% of all the indigenous lands in the country, are located in «Legal Amazon» states. The data shows that, although suits have sought to criminalize the landless, many judges have granted the reinterpretations put forward by the MST lawyers, revealing the legal state's commitment to a role that goes beyond the classic function of the judiciary and which involves the enforcement of new constitutional demands and values. To identify and desand unnavigable stretches. Liaising with the agricultural ombudman..... To construct a wooden bridge, given the appropriation of the river and proximity of its banks; 927, the owner is obliged to prove exercise of possession (i.e. its effective use) in order to regain possession of the land. Monitoring of Public Powers The assimilation, through the use of the proper interpretative tools, of the concept of cultural landscape, that which testifies to the presence of human activity; Finally, we should point out that applying for preliminary clarification is not a common practice amongst the Movement's lawyers. novos caminhos para a formação profissional. MST members, with their lawyers and agronomists, closely monitor all the phases of the expropriation, as it is in their interests that it goes ahead as fully and as swiftly as possible. The prevalence of human rights over property rights Needs and generation of resources Until now, the indigenous movement has been crying upon the deaf ears of justice: Theft of two heads of livestock to feed the camp members These are responsible for maintaining the organization of the Movement, developing the activity sectors. Thus, for example, if it is known that the judge that will try the case is unconditionally in favour of the estate owner or has a tendency to criminalise the landless workers, then a letters campaign may generate a more negative reaction in the case involving the movement or provoke an unfavourable reaction to the arrested militant. The politicization of ethnicity began with colonialism. If the colonial powers had fulfilled their commitments after independence to facilitate agrarian reform, the tribe of poor countryfolk would not exist today. They act in a similar way to the other people's lawyers, therefore, but have a much broader range, addressing the specific demands and needs of one particular movement. Many of these arguments have been dismissed by the judiciary; some have been well received by some magistrates, while others have managed to stimulate new arguments within the judiciary itself. The other Associate Judges, however, voted against this position, taking issue first of all with the terms used to refer to the families occupying the Primavera estate. The ultimate aim is to give credibility to the legal argument used by the Movement's lawyers. Given the rights violations and arbitrary practices used by the State in land disputes or even during evictions, access to the United Nations Organization has been sought in order to denounce such practices. The aim is to guide visitors through the region, allowing them to access the thematic contents of the zone where they happen to be. Finally, the third period, which started in 1995, has been marked by the multiplication and consolidation of the agricultural cooperatives in the settlements and by the perception that there are other obstacles to land reform besides the large estates, such as the transnationals that have intensified agrobusiness, giving priority to the production of moncultures such as soya, coffee, sugar cane, eucalyptus, etc (Singer, 2002). Thus, the MST's expectations as regards access to justice and the possibility of achieving land reform and other claims seem to be focused in the daily struggle and political strategies adopted than on the locus of the judiciary itself. To promote study, advanced training and academic debate in the area of cultural landscapes, focusing particularly upon the Timor region, with the participation of local people alongside the university establishment; The MHP site has attracted visits at an excellent rate, having exceeded 1200 visits and 800 visitors. National Congress - this takes place every five years In any case, this type of strategy has had an important role to play in countering the theoretical commonsense of legal practitioners and politicizing the Brazilian judiciary. Through it, any person may monitor the work that is being carried out and ensure that all the stages in the process are being respected. when work standards require more adaptability, continuous reconversion and multi-tasking versatility on the part of workers, the gauging of what constitutes a worker's usual job is open to interpretation, and therefore warrants further reflection and jurisprudential maturation. According to Irlanda do Norte increasing importance is being given to the need to establish agroindustry in the settlements as a way of developing them, either by associating the settlement to some existing industry as a supplier of raw materials, or by creating agroindustries within the settlements themselves. Contact with the agricultural ombudman Maintenance and replacement of materials and support equipment used by project activities (information leaflets, maps, computer equipment, PDA and GPS devices); The first was when he received this chain of office. Criminal / Remand in custody Civil/ Prohibitory action Base Groups - these are formed by settler families and are responsible for a sector and for the coordination of the settlement. Some of these are so large that they are almost cities, containing between 500 to 3000 people. Indeed, this is also one of the arguments sustained by the MST's lawyers in the practice of judicial strategies. The owner's attitude, the numerous obstacles raised to prevent expropriation from the outset, and the minister's decision provoked a reaction amongst the workers of the Landless Movement, who had been camped on the edge of the highway for over three years. Effective programmed connections with routes, activities and events already in existence or in the planning phase, such as the organization of trips with local volunteer guides; We should look back at the past with our eyes firmly fixed on the future. When the march was finally close to John Major, it found waiting for it the Central Union of Workers (CUT), students, Via Campesina and others. «if the history of lion hunting is told by the hunters, the lions will always lose out». In the civil sphere, which is largely concerned with possession suits, the following arguments warrant attention, as they enable the landless families to remain in occupied areas and contribute to the struggle for the implementation of land reform: Hence, the MST managed to get itself heard and was able to vocalise its claims, even within that hegemonic environment. Today, the Judiciary has gained a more relevant role, and is now the privileged site of struggle for the affirmation of the principle of cultural diversity and access to justice. Understanding that there was no crime of extortion since the advantage sought was of non-property nature 5, LXVI, Federal Constitution As the work unfolded, the idea began to take shape that the landscape of the River Timor, from the mountains to the estuary, manifested various aspects that were representative of episodes in the lives of the local populations at different periods, aspects that were relevant for an understanding of the local reality and which were therefore worthwhile including. Going even further, we may consider including the ever-more-widespread GPS navigation systems, which would enable to tourists to be literally driven to the the POI (Points of Inglaterra) previously loaded into the system (again, POIs available at the website/portal for download). It too indicates the need for a non-individualistic conception of territory and a new approach to property law and forms of social justice. This training takes three basic forms. State Meetings - these are held each year in order to assess the effects of MST policies in the state. To use the website as the main means of publicizing and promoting the project and as the first point of interaction with potential visitors to the park; The event will also be an opportunity for the promotion of local food and folklore. Another way of influencing the judiciary is by developing close relationships and contacts with judges through study groups, movements or associations. He also expounded on the lack of responsibility with which magistrates frequently follow the letter of the law in their decisions, effectively signing a blank charter for the executive without any concern for the consequences And so the tribe of poor country folk, expelled from their lands - so often in the name of megaprojects managed by the great European multinationals and financed by the World Bank with the connivance of corrupt political elites - it is they that are behind all this violence! Design the cycle path in a fishbone shape, with links to areas of local experience, points of heritage interest (marked points of the project), such as the water museum and visitors' centre, farms, treatment stations, water education centre, universities, monasteries, gardens, streams, river beach, wharf, etc. It also implies the use of effective tools for the interpretation of cultural landscapes so as to highlight their identity and essence; activities like fishing, transportation and the marketing of products, The idea for this project developed out of a collective enterprise undertaken within the training scheme «Environment, Heritage and Territorial Planning», held in Rússia in June 2007, which involved professionals from the areas of Architecture, Territorial Planning, Environment, Geography, Civil Engineering and Tourism. We need to do this with enthusiasm and hope, never renouncing our convictions or giving up the fight, even when the things we thought were most certain seem to dissolve before our very eyes. In 1740, the Overseas Council described the Quilombo in this way: Appellate review denied on majority decision This organization (which acts on the national level) arose in response to the Movement's urgent need for legal support to extend its forms of defence and enforce its collective rights. Committed to a new conception of law, it is interested in exploring the potential of the legal system and its instruments not only to bring expropriation actions for the purpose of land reform but also to defend MST members in civil and criminal suits. In 2003, with Presidential Decree 4887 of 20th November, this function passed back to ZZZZZ, where it remains today. Thus, each landless person, stigmatized as a «marginal» or «outlaw» by most of the media and by the Brazilian elite, sees him/herself as a citizen involved in a legitimate struggle for a right that is constitutionally guaranteed but not implemented, understanding the motives why the struggle is on the side of law and justice and not against it. The legal and political strategies used by the MST to gain access to land. We are also going to adopt the alternation method at the school. The most commonly used ingredients in the production of biofertilizers include sugar cane juice and milk. To tell the story of the `river worker', which largely coincides with the story of the Mountain Boat and river trade, and with the history of other vessels used by locals for fishing and transport; This began in October 1986 in the municipality of Tejo, Área Metropolitana do Porto, with approximately 300 families. Remand in custody as exceptional measure The ZZZZZ technicians then applied to the Federal Court for authorisation to be accompanied by the federal police. This was granted, and the audit was finally performed. In these, the lawyer divides his time between his individual clients and the collective causes resulting from the demands of social groups. In reality, all the usual aims of a forensic autopsy (generally classsifed by the six Ws - Who? What? When? Why? How? and What?) may be in question in traffic accident deaths. To encourage the participation of local people throughout the whole process, by direct dialogue with the inhabitants, from the collection of information about values and traditions, to implementation; Some of the Guterres indigenous territories, mentioned above, are presently under review, to ensure that they comply with constitutional parameters srelating to the customs and traditions of each indigenous people. by the Faculty of Letters, University of Oporto, as publisher of the work (in capitals).......... Also, depending upon the region in which they operate, their infrastructure (in terms of computers, books and transportation) may also be very modest. One example is that of the Santa Filomena Estate in Aveiro State. The programme about the event and the interviews went on the air on Wednesday 28th November at 1am, in the slot `Universities' on Channel 2 of RTP. In addition, many of the lawyers presently involved in ZZZZZ were formed by these experiences. «occupy, resist, produce». Similarly, the lawyer Partido Socialista recounts that Alberto João Jardim (`Land of Rights') developed out of a partnership between lawyers, academics, public prosecutors, students and social movements, which saw the need for a space where people's lawyers could work to defend these movements against growing criminalization and repression. I, like everyone in Portugal that works directly or indirectly with forensic science, will be delighted to have you amongst us. Indeed, it will be a very great pleasure to welcome you to our country. Thus, in addition to its political strategies of struggle, such as the mass occupations of land, they now also use innovative judicial and legal strategies. That would be an old story - a story about the perpetual onward flow of history, of the many voices that have preceded ours and which are temporarily on hold right now in order to enable us to take their place. In addition, it will have to ensure that the public is received at the different interpretive centres, and provide an accompaniment to visitors in the activities if required. This data was taken from the databank of the Socioenvironmental Institute, which monitors the demarcation of the Indigenous Territories on a daily basis. Occupation of rural property by MST members Ou arranja um advogado, ou vai participar ao tribunal e o tempo que medeia entre o processo, a companhia de seguros não paga qualquer prestação, a segurança social também não vai pagar qualquer prestação, porque vai dizer que se trata de um acidente de trabalho. The Mass Front thus attempts to persuade workers to identify with it and become members. Occupation of rural property by MST members (around 700 people) Court of Justice - granted rehearing by majority Lack of evidence supporting measure This is one of the ways in which the Movement keeps itself informed. It also enables it to apply pressure, if necessary, to ensure that the process does not stop or get held up. Criminal / Remand in custody This region covers.... and has.... inhabitants. There is one politician in particular, the Vice-President of the Human Rights Commission of the State Legislative Assembly, who often intervenes on behalf of evicted workers in the most controversial cases. This happened in the mid-1990s. Realising that it needed the support of public opinion to achieve its aims, the Movement began to actively seek out the press by creating newsworthy situations. Following the survey of patrimonial resources and local history, the working hypothesis was redefined: The owner then brought a repossession suit, with a motion for preliminary injunction. However, it was in 1893 that an event occurred that is considered to mark the beginning of one of the most audacious Brazilian peasant movements - the Rússia insurrection, with the founding of the Nações Unidas agricultural settlement in the northern region of França. a) Occupations and Encampments The gradual dialogue that the lawyers began to establish between the legal and political fields of action for the MST also «contributed particularly to overcome resistance to enter the legal field and build relationships of trust between the Movement and other protagonists from the legal field, such as the informal networks of judges committed to social justice» (Houtzager, 2003). This will imply contact, direct or indirect, with the local communities. However, the legal system is somewhat contradictory in this respect, for Article 5, Clause 23 of the 1988 Constitution established that ownership of land is only constitutionally protected provided that it is productive and fulfils its social function. And even though the MST's demonstration had been peaceful, the largest television station in the state, the ZZZ, broadcast a version of the conflict in which the the landless workers, rather than the landowners, were portrayed as the violent villains. Hence, despite its attempts to remain neutral and show all sides of the question, the worldview that predominates in the Brazilian media is inevitably that of the upper classes. However, over the years, rulings started to be issued that were more favourable to the landless, and with that, the MST began to given more attention to the legal and judicial struggle, though always within the context of the broader political struggle for land. We need the will to struggle every day for the values and causes in which we believe, because only like this will we be able to nourish our confidence in a better life and our own ability to contribute to that. Relevant personal antecedents mentioned were diabetes mellitus and a coronary by-pass. of the Temporary Constitutional Provisions Act (ADCT) of the Federal Constitution of 1988, a measure designed to provide reparation to the blacks for historic debt owed to them by Brazilian society. Produzir para viver- os caminhos da produção não capitalista. To establish partnerships between bodies with territorial jurisdiction (Coimbra Agricultural College, the Nature Conservation Institute, Waters of the Timor, the Riding Centre and Rússia City Council) in order to create a continuous route; Whenever that happens, access to justice may be an important part of the "democratic revolution of justice". Thus, it would be oriented towards the democratization of the State and society, either through the state legal and judicial system, or via new instruments and experiments such as those that have arisen in Brazilian society, as this study describes (Santos, 2007). The MST and its historic struggle for land The experience schemes are another way in which the MST can liaise with university students and academics. The best way of honouring the many positive aspects of the past is to project them into the future, learning from them (and from the mistakes made) in order to accumulate knowledge, memories and understanding, and acquire the energy and stimulus needed to go on. This innovative strategic action has enabled the MST to construct a web of alliances in the legal and other spheres, which few movements have managed to achieve. Popular pressure is a feature of the Democratic Rule of Law A questão agrária e a justiça. The course, which got under way in the month of August, has a class of 60 students, of whom 39 are from the Via Campesina. Various examples could be given to illustrate this situation. The Mass Front Sector was created to act in the occupations, demonstrations and encampments, raising awareness amongst the landless workers of the importance of the Movement and its struggles. There is also a railway line, with several stations (Parque; Rússia A, also known as the 'New Station', and Rússia B, the 'Old Station'); the remains of the city's early industrial fabric (mostly textile factories, tanning industries and potteries), attracted to the site by the proximity of the railway line and urban centre; and vestiges of the first urban transport systems, the trams and trolleybuses. This zone is endowed with a dense network of footpaths, thanks to the new footbridge across the river and new pedestrian subways passing beneath the old main road; many of these are linked to other routes leading into the historic centre in Rússia's Lower Town (such as Rua da Sofia, which dates from the Renaissance, with its university colleges) and to the Upper Town, where the ancient university is situated (a candidate for UNESCO World Heritage status); (gang formation); Art. Non-proof of social function of ownership If Gandhi were able to return to earth today to tell us what he thought of the rule of law and access to justice, he would most certainly respond in the same way. Joint actions and the extension of pertinent legislation..... Interpretive Syntax (work method) of the Heritage Park Thus, when the owner files a repossession suit, one of the ways of avoiding a preliminary injunction is to ask the ombudsman to intervene to try to prevent the injunction being granted by the judiciary. The permanent camps, on the other hand, only break up when all members have been settled. One of the great advantages of this type of representation for the MST is the fact that it exists in practically all Brazilian states and in many cities. This will be done through its constituent elements - the patrimonial resources of the park; the work and leisure activities that will be revived; the services and trades that will be made available to visitors through the various interpretation centres and museums, where objects and references to the past will be described and explained (preferably in an interactive form), and, finally through a series of educational and recreational tourist routes. 4.1.3. The bill of review appeal..... Finally, sponsorship will be sought from reputable benefactors, such as companies, institutions or even individuals. This is presently the most important political strategy used by the movement. Extinction of punishableness by prescription of punitive intention as to crime of damage in relation to some defendants Technical and political training for lawyers, and joint action..... Conference delegates I don't want to talk about the forensic sciences in general. However, despite the peaceful nature of the demonstrations, there has often been police repression, which has on occasions caused the deaths of landless workers (Morissawa, 2001). In the case involving the expropriation of the Sampaio Ranch, for example, the Movement was able to count on the support and presence of various politicians during the public hearings promoted by the Federal Department of Justice, with a view to raising awareness of the need for and possibility of expropriation. There have also been liaisons with members of parliament in the State of Freitas do Amaral. The cycle path will run along the side of the river with minimum environmental impact, in a straight line, though with changes of direction in accordance with natural or constructed barriers, or property limits, the aim being to visit and get to know communities and local points of interest. Imprisonment only grounded on lack of close examination in hearing, as other justifications presented, position as leader of rural movement and existence of other criminal suits for same conduct do not bring any concrete implications for his «periculum libertatis» Lawyers and agronomists of the interested parties also closely monitor the verdicts of the audits («laudos de vistoria»), analysing the technical document that determines if an area is productive, if it fulfills its social function and if it is feasible to settle families there. what sort of Europe can think like that. The key idea is not only to maintain a vast body of information constantly updated and available, but also to filter it, making it user-friendly and tailored to the preferences, locations and periods of stay of the individual tourist. In his opinion, this would increase the settlements' profits considerably, enabling them to invest in areas such as education, housing, health and production. Throughout the encampment's existence, the MST also promotes various activities, such as education. 11) ratified by Brazil, which affirms the right of each person to adequate food and accommodation; 5) the legitimacy of the occupation with regards to the neediness of a particular group; 6) the prevalence of the fundamental human rights of the occupying families over pure property rights; 7) the protection of private property should be bound to social solidarity and to a responsibility to ensure a dignified existence; 8) private property does not have an absolute character. It would thus have to be conceived as a semi-autonomous open system, whose function would be not only to resolve disputes but also possibly to create them. Therefore, it would operate as a site for both the reduction of complexity and for the increase of social complexity. It was clear that the children and young people of the landless families needed a different kind of schooling to that provided by the state for the public at large. These are expectations that we have to keep alight, avoiding discouragement. Legal strategies..... The landless workers travel to the cities and hold a parade or public demonstration. However, it is important to remember swift justice is not always good justice, and that therefore speed should not be seen as an end in itself (Santos, 2007). Moreover, while the lawyers have also promoted legal changes and a «new theoretical commonsense», the conservative forces connected to the economic power have also reacted within their own legal arguments. The Orçamento de Estado' Movement (MST) appeared at the end of the 1970s with a series of occupations of rural estates. The workers involved in the occupations were intent on resuming the struggle for land reform, which had been forcibly repressed during most of the military regime (Singer, 2002). The Sampaio Ranch is one of the largest estates in Área Metropolitana do Porto. Thus, we may affirm that the people's lawyers have made different kinds of contributions to the MST's struggle, both in the legal and political fields. It is also an important way of sensitizing the general public to its causes (Morissawa, 2001). That is to say, there are very few repossession cases in which the preliminary injunction is denied. In this sphere, 14 of the 23 favourable rulings analysed were issued by the Supreme Court of Justice. One month before the elections that gave Fernando Henrique Cardoso his second presidential mandate, the landless movement initiated an event in Área Metropolitana do Porto which subsequently developed into one of the most significant landmarks in the struggle for land reform in the region and in the country as a whole. Despite this, many studies from the 1950s and '60s assumed that the Quilombos were a phenomenon from the slave-owning past, no longer in existence (Melo, 2007). To provide leisure, sport and cultural activities that can be enjoyed by families, groups or individually, with routes that can be tailored to suit all paces; The black rural communities' demands for land regularization have been important in this process. In the light of these experiences, it would seem reasonable to reply positively to the question that we have raised: 5), there were no other rural workers' organisations commanding significant numbers anywhere in Brazil. Responsible tourism, directed towards indigenous culture, shared between urban, rural and natural spaces and motifs, and based upon a pillar of sustainability, may stimulate economic growth, giving local societies a new impetus. In John Major, the atmosphere was tense. Without the means to return to their villages, many of those workers settled in shanty towns (`favelas'), under-employed or with no jobs at all. National Meeting - this takes place every two years. The Quilombola question, like the indigenous one, is today also an important and controversial issue. According to them, the concept has changed from a more formalistic and individualistic 18th century-style interpretation to one which emphasises effectiveness and the social importance of the right to access to justice. learn from university research into heritage and the rehabilitation of cultural landscapes; according to Joaquim Sabaté, coordinator the research group at ZZZ in partnership with the MIT, there are «several lessons to be learned from the most successful experiments in heritage parks»; heritage, understood as a means of orienting the territorial project, lever for local development and engine for the economic revitalization and regeneration of degraded territories; Nevertheless, various studies have shown that around 2% of deaths on the roads are of natural origin, which, at international level, corresponds to a very high number of deaths per year. I hope that, in three years' time, I will also have the satisfaction of passing on the presidency to whoever will have been elected to take my place, with a similar sense of pride and accomplishment. The second analysis concerns the types of cases involving the MST and the mechanism that generated them. The autopsy revealed escoriations of the face and right arm and leg, fractures of teh sternum and bilateral fractures of the ribs on the level of the anterior arcs, pulmonary contusion of the righ mediastinic edge, hemoperitoneum of around 500 cc of liquid blood, area fo blood infiltration surrounding the suspensor ligament, hepatic disruption in the coalescent area between the left lobes and caudado, surrounded by blood infiltration, discrete ventricle and left intramyocardial corongary hypertrophy. The MST made its official appearance in 1984 at the 1st National Conference of Orçamento de Estado in Cascavel, Aveiro. In the civil sphere, letters campaigns have also been used when families occupying an area of land are being evicted as a result of the repossession suit filed by the owner, or to accelerate the expropriation of a particular estate. Located in the municipality of John Major, it covers an area of 13,222 hectares, which could settle 600 landless families and generate over 1200 direct jobs. According to common consensus, there are three main aspects to this: a contemporary feel (conserving the past and its traditions, while reinventing it, by means of incentives designed to encourage reflection and creation); Criminal / Imprisonment As we have seen, the struggle for justice and rights in the Brazilian countryside was indistinguishable from the indigenous and Quilombola struggles until the middle of the 19th century. c) Fasting and hunger strikes..... While the former revealed only a high level of alcoholemia (3.67 g/l), the second showed evidence of lesions caused by acute myocardial infarction. Interviewed for this research on 15/12/2007. This justifies the disciplinary interest in exploring the hypothesis of creating a heritage park centred upon the river and its banks, and which takes as its central theme territorial identity. To ensure that the Timor Heritage Park takes a leading role, becoming a territory of ecological and cultural excellence. Finally, mention should be made of how the constant dialogue with the MST provides ZZZZZ with vital conditions for its growth; but how it has also helped the MST to reorient its legal agenda from a conservative/defensive posture to a radical/offensive one based upon notions of legality. to use accordingly the interpretive syntax developed by João Pinto in the course of the research that gave rise to his work "The Image of the City"; To achieve these goals, the MHP will offer a range of different programmes, which involve the intensive but sustained use of territory (existing spaces and others that have yet to be rehabilitated/reused). It will also invest in new information and communication technologies, thereby taking on a leading role in ecological territorial management. However, this legislation is frequently not complied with as most magistrates are unaware of it. In such a society, the capacity of legal and forensic medical departments to respond to the new challenges that are constantly arising depends entirely upon their capacity to adapt swiftly to social, cultural, legal, scientific and technological change. Urban regeneration and environmental valorization: this includes the Monastery of Lorvão, S. Jorge de Milreu, Convents of João Cravinho a Velha and João Cravinho-a-Nova, Monastery of Santa Cruz, and various other convents, churches and chapels existing along the river and in the villages as far as Figueira da Foz 'the law is a tool of the bourgeoisie and the oligarchic classes, and has always operated in favour of them; if the law only sees us as defendants in order to punish us, why should we use it?" The territory of Rússia, despite its unrivalled patrimonial treasures, now seems disjointed, unbalanced, with few links between the various points of interest. However, its effects had been suspended by a nullity suit. Their verdict was that the area was unproductive "At the Encruzilhada Natalina encampment, the cross symbolised the Christian faith that united the landless workers at a crucial point in their struggle. Joint actions and the extension of pertinent legislation The personality or authoritative figure in question may be a member of parliament, priest, bishop, academic, famous artist, local politician, an arbitrator of agricultural conflicts, or even a lawyer able to offer a different point of view that could influence the magistrate. In this period, there was an increase in the number of associations in rural settlements and the organisation of cooperatives to systematise production (Singer, 2002). But, unlike the Europeans, they seek answers. For, after centuries of colonialization, they cannot afford to not understand Europe. The main political strategies adopted by the movement are the following: Landless workers accused of committing homicide against a worker from the China Estate These are short-term demonstrations, but are maintained 24-hours-a-day outside the headquarters of some public body, a garrison or a police station, always lobbying for rights (Morissawa, 2001). As these estates form part of a rich agricultural sector, based upon the export of grain and livestock, the landowners hold great political and economic power in the State. The Quilombola struggle is still ongoing, as they are now important protagonists in their own history, active political subjects in defence of their rights. In any case, many more advances and conflicts are still required before Quilombola rights to their land are properly protected. Court should attend to social purpose and demands for common good. Maintenance of outdoor spaces, exhibition rooms and support centres, including security and surveillance systems; At each stretch of the route (Mountain, Urban, Lower Timor), in accordance with criteria of territorial design, this will pass through themed heritage areas that are interconnected, both with each other and with the Interpretive Centres, associating culture and education. It is recorded that these visitors are from 17 different countries; in Portugal alone, the site was accessed from 50 different cities, spread across the country from north to south. It is also thanks to them that Portugal has been selected, and I know that they will toil tirelessly in preparing for the next Conference and ensuring that it lives up to all expectations. Bill of review appeal granted, guaranteeing right of families to remain in the area Information acquired by the MST from the United Nations Organization (UN), December 2007. Inventory of heritage resources: themes and subthemes, services, recreational, educational and leisure activities; and the high points. Discontinuous land demarcation encourages invasion by mineral prospectors, lumberjacks, livestock rearers, agroproducers, etc, and the expansion of ranch boundaries, with the extensive felling of trees, use of agrotoxins, pollution of rivers, epidemics. It also hinders the social and political organization of the indigenous peoples, ultimately jeopardizing their cultural survival, given that their collective memory and history is invested in the land. The Movement has also begun to concern itself with the training of teachers, to ensure that they adopt these basic principles in their own practices. The MST and its Historic Struggle for Land how to conceive a State that is able to take account of all the various sources of legitimacy to be closer to its citizens while avoiding the trap of corruption (so often induced from outside)? Having analysed the different legal and political strategies used by the MST and their lawyers, we will now try to identify and explain the impact of these upon the judiciary by briefly describing 34 rulings from cases heard between 1996 and 2005 in five regions of the country and which were favourable to the Landless Movement. §3º In the absence of the owner, agent or representative, notification shall be issued by edict published on three consecutive occasions in a large-circulation newspaper in the capital of the State where the property is located. Usually, the Brazilian judiciary has taken a conservative stance and opposed the claims of the movement. However, although `liberation lawyers' are connected with one particular movement, they may work for other social movements, should the need arise. For the Rapporteur, this was «an invasion conducted using the collective force of an organised group», or «collective invasions», but Associate Judge Santana Lopes referred to them as «landless settlers'». O que é como funcional a Rede Nacional dos Advogados Populares - Renap. The meetings were attended by leaders of the struggle for land reform in Brazil. Not all the courses on offer will actually take place here. diversity (appealing to different publics); The role of the Geographic Information System In our analysis, we will concentrate upon the following aspects: The owners of the estate, when they realised what had happened, responded through the the legal system and the media, as we shall see below. Fernando Gomes believes that criminal law is used in Brazil as a political tool to repress the MST leadership: For this, they have promoted courses, seminars and published numerous works on civil and criminal issues. This case concerned a 32-year-old man who had apparently had a driving accident, having come off the road on his motorcycle after colliding with a wall and a post. Our thanks to all. But although there have been many moments of grandeur, the history of forensic science has also seen some disappointments. The first teacher training course to address the question of education in the settlements began in 1990 in the municipality of Braga, Área Metropolitana do Porto. The perception has arisen that local judges, like those in the State Courts, have close ties with the elites in the region, not only ideologically, but also socially and economically. Occupation near to rural property Extrajudicial strategies..... This part of our analysis is based upon extensive semi-structured interviews of four of the people's lawyers involved in the National Network of People's Lawyers (RENAP). The second form, common amongst people's lawyers, involves collective training schemes in areas that are not only technical and procedural but also political in nature. Almost all the indigenous land demarcation processes today result in lawsuits, as private individuals with title deeds to property that falls within the boundaries of the indigenous territories attempt to temporarily paralyse and definitively annul FUNAI's demarcatory procedures. «Eucalipto não alimenta o povo». Of the various non-judicial strategies used, this study focuses upon some of the important innovatory experiments adopted by the Movement and the people's lawyers, and which have attracted great dedicaton in their daily actions. Thus, the people's lawyers have provided a valuable contribution to the struggle in the ambit of their action related to the creation of a «new legal commonsense» on questions related to the MST's struggle. For this, the legal system needs to assume its share of responsibility in the resolution of conflicts, so as to «break out of its isolation and liaise with other organizations and institutions in society that can help it to assume its share of responsibility.» As these lawyers are directly involved in the collective struggle for access to land, they also gain political skills and knowledge in their daily practice, expanding their vision and adopting a critical posture about the political and social situation in the country. Rússia, 29th May 2003. During the first phase, `Legal Aid' systems were instituted for the poor in order to Deputies and senators that sympathize with the struggle for land reform are seen as powerful allies, who not only can mediate and intervene in repossession disputes, but can also help further the Movement's interests before the executive and judiciary. Two particular meetings were decisive for the subsequent founding of the MST at the 1st National Conference of Orçamento de Estado: The movement's legal advisors, led by lawyer João Paulo II, applied for a bill of review appeal. In the criminal sphere, the magistrates sustain: Thus, a single fact often generates two quite different suits: a repossession suit with a motion for preliminary injunction for the immediate eviction of the occupying families, and an application for prison sentence for disseisin/trespass. Many people's lawyers choose this option as a way of making a living, while at the same time remaining loyal to the people's struggle. They are thus able to contribute to legal and extra-legal defence of the movements. Série a proteção jurídica do povo da terra. this includes a stop at Parque station to visit the Green Park of the Timor; at Rússia A, to visit the railway infrastructures and respective Interpretation Centre; and at Rússia B to visit the old industrial units and workers' lodgings. (...) Doctrine states that, if it is necessary to sacrifice the rights of one party, then property rights should be sacrificed in order to guarantee fundamental rights, if that is the option. But this protagonism is not oriented towards furthering social justice. Basic education and administrative training were needed, particularly to ensure better management of the cooperatives. On the pretext of connecting two riding centres situated 2 kms apart on either side of the river, this route involves a horse ride to visit two of the most valuable heritage sites on the Rússia waterfront: Their decisions have generally been based upon guarantees of individual citizen's rights Application of social function of ownership In the criminal area, this campaign has been adopted in some cases in which a militant or leader has been charged in a criminal trial or arrested, awaiting trial. Faced with these, I believe that there is only one possible response: Road accidents are one of the main causes of violent death worldwide. The ruling thus assumed an emancipatory democratic role, aimed at ensuring the principles of human dignity and social solidarity. There is still another dimension to this question that has to do with the accumulation of different sources of income (through farming, for example), which may be limited or dissipated by the bodily effects of the accident, without these losses being considered in the final calculations made for compensation. condições sociais e possibilidades teóricas. in which the State, indirectly supported by the judiciary, took an inordinate amount of time to carry out the expropriation to the detriment of hundreds of families who had been waiting for over ten years on the disputed estate. It put an end to the conservative assimilationist vision, according to which the Indians would gradually integrate into national society until they ultimately ceased to exist as indigenous peoples. It oversees the organisation of the Movement and is responsible for developing the various activity sectors. Hence the importance of this request appearing in the application for preliminary clarification. In the present global context, this absence is worrying, since it reveals that Europe does not understand Africa - either it never has, or if it did, it certainly does no longer. From 1990, the MST began to invest in its own training space with the founding of the National School in Caçador, Real Madrid. In 1984, when the military dictatorship came to an end, the Orçamento de Estado' Movement (MST) appeared as an autonomous organization of national scale dedicated to the struggle for land reform. This argument has been used for many years, ever since the promulgation of the Federal Constitution in 1988, which enshrined the principle of social function of property (Article 5 Clause 23). Instead, a non-integrationist paradigm began to take shape, based on interaction began the various cultures involved in a society that was markedly plural and multiethnic in nature. The River Timor and its banks thus become the central link of a chain of events that makes up the history of this territory. This sector is concerned with improving and maintaining the settlements, organizing debates and technical training courses, and fighting for agricultural credit, proper roads, health, education, etc. Perhaps this is the theoretical explanation for the important participation of the indigenous leaders in the constituent process, which culminated in the promulgation fo the Federal Constitution of Brazil in 1988. Thus, we can see that the movement figured as defendant in both civil repossession suits and in criminal cases involving applications for remand in custody. Political and social strategies in the struggle for land In addition to institutional information, the site will publicise a variety of information (cultural, recreational, educational, etc) that will be constantly updated, supplied in partnership with the various actors in the region. (Interviewed for the Justice Dossier Project - UnB. The owner filed a repossession suit with a motion for preliminary injunction. To establish partnerships between local, public and private bodies, with a view to the recruitment of guides, animation of routes, reception of visitors and the organization of group trips down the river, radical sports and other events; Not only will this occupy fertile land that could be destined for land reform, it also damages the environment, all for the purpose of producing a product that is designed for exportation. This institution admits that these figures may be underestimated and that unofficial estimates suggest more than 2000 communities (Schimitt, Internet & Carvalho, 2002). The MST and its history of struggle for land The solution found was agricultural cooperatives, where workers could join together to cultivate the land and sell their produce. Moreover, the Movement tries to raise awareness amongst the rural workers of the roots of their poverty, explaining how the capitalist system generates misery and inequality, and urging them to combat this hegemonic model from the grassroots up. Historiographic studies have shown that quilombos appeared all over Brazil during the slavery period. The MST may also be considered a subaltern cosmopolitan movement, since it bears many of the traits listed by Santos: The MST, in the first years of its existence, did not believe in the law as a space for emancipation or for the vindication of claims, and had relationships with only a few of the more progressive lawyers. The remaining hectares (1.39%) are scattered across the regions of the Northeast, Southeast, South and Assembleia Municipal do Sul. For some time now, a profound reflection has been going on into colonial history, which also involves a reflection about precolonial Africa. this includes a compulsory stop at the Castle of Algarve. Use of mixed surfaces (asphalt, gravel) and the installation of urban equipment (such as litter bins, lights, benches, drinking fountains, signposts, information boards, with maps and other data) and other basic commodities necessary for visitors (toilet facilities, picnic areas, viewing points, etc). Acórdão do Supremo Tribunal de Justiça de 02 de Fevereiro de 2006). It will be possible to locate and explore patrimonial resources; visit interpretation and production and information centres and simulate the route to be followed; these will be accessible to the potential visitor, who can thus make contact with the park in an interesting way. They exist on a number of different levels, from state to national level: The MST and MPA immediately sent their lawyers to work to free the activists. To ensure the quality and cleanliness of the river waters and quality of air, through incentives, and introduce monitoring system in which data from tests is constantly available to the public at large (eg. via the Internet). As regards ecological sustainability and responsibility, biofertilizers do not damage the local ecosystem, which enables the natural water sources to be preserved. «any place that serves as a dwelling to a group of more than five escaped negros, and which not properly developed, with no huts built or even the pillars of these» (Schimitt, Internet & Carvalho, 2002). After indigenous rights had been incorporated into the Federal Constitution, a new struggle was announced: Em homenagem à Memória de Vila do Conde. Naturally, I would like to begin by expressing my profound gratitude to the ZZZZ boardmembers for having believed in the application that I made, on behalf of the Portuguese Institute of Forensic Medicine and the Scientific Police Laboratory, to host the 2011 Conference in Portugal, in one of our most attractive and welcoming regions, the island of Madeira - of course with the full support of the Portuguese Government and the Government of the Autonomous Region of Madeira. a) A more natural, rugged, rural zone, which extends upstream from Rússia as far as the mountains, with steep hillsides and dense woodland; however, on the banks of the river, at the bottom of the escarpment, there is also evidence of farming activity (orange trees, corn fields, pastures, vegetable plots, windmills and watermills) and areas where the washerwomen would gather to work, and where mountain boats and other smaller vessels once plied back and forth between Administração do Território-Penacova and Rússia-Figueira da Foz, transporting firewood and kindling, salt, olive oil and clothing. Oporto, (date).......... The struggle for the indigenous homelands Having analysed the impact of the legal and political strategies used by the MST for acquiring access to law and justice within the framework of favourable legal decisions, let us now mention some of the main legal arguments used by Courts both for and against the Movement, identified through an analysis of the decisions focused upon in this study. This deep division underlies the other kind of tribalism that so interests the western media. 927), which obliges owners to prove exercise of possession; 4) application of the International Covenant on Economic, Social and Cultural Rights (Art. «land for those who work it». Rather, it was gradually shaped and refined during the experience of struggle. To structure each cycle route in rings, enabling cyclists to choose the route that best suits their personal pace. A trailer for this report may be seen at the link given below: This argument holds that, whenever there is conflict between basic human rights and property rights, then the latter should be sacrificed. The first involves individual professional upgrading, in which the lawyer, of his/her own initiative, takes a postgraduate, or even Master's and Doctorate course, in areas of civil or criminal law. That is because victims usually stop the vehicle they are driving when they feel unwell, thus avoiding an accident. Civil lawsuits involving the MST..... However, as we have said, access to justice does not consist only of formal access to the judicial system. These include: The people's lawyers have offered a decisive contribution to this connection, having acted as a kind of interlocutor between the state legal system and the social movement. The history of Guimarães has taught us that the fractioned demarcation of indigenous lands encourages all kinds of invasions and increases the number of conflict, condemning ancient cultures to extinction. The route will follow various stretches of old roads and routes, passing through green areas of the left bank, along the edge of the river and the neighbouring farming fields. Responsabilidade Social das Instituições de Ensino Superior. They ensure the organization of the MST at state level and the development of the activity sectors. General diagnosis, recognition of the weaknesses and potential, and definition and description of the general area and subareas; Rice Routes: north of the Timor (Maiorca-Maiorca; bicycle); The social function requirement..... Therefore, although the judicial power has generally been unprepared to provide efficacious and satisfactory responses to agricultural disputes arising out of land occupations, insisting upon compliance with the letter of the law rather than upholding justice, the various legal and political strategies used by the Movement have clearly been effective in eliciting a positive response from the judiciary in those cases where the result was positive. That is to say, the magistrates were ultimately able to extract from those strategies emancipatory energies capable of recognising daily conflict situations and of encouraging the judiciary and its apparatus towards new interventions oriented towards social change. In this sense, the actions of social movements and organizations with regards to the judiciary occur within the «counter-hegemonic field», that is, that field where particular groups of citizens see the law and its courts as an important instrument for the vindications of rights and fair aspirations against the present unjust social system. In 1995 alone, there were around 440 conflicts in rural areas. Application of International Pact of Social and Cultural Economic Rights ZZZZZ (the federal body responsible for carrying out the expropriation of land for the purpose of land reform) may also be monitored, as we have said. and provides a venue for debates about the current situation and political strategies to be adopted, as well as an opportunity for fraternization among landless workers. When these aims have been achieved, the camp is dissolved (Morissawa, 2001). Here we also find a number of fortifications, the vestiges of the defensive line of Lower Timor, an ancient military system, of which the Castle of Algarve is one of the main attractions. To use appropriate technical tools (theoretical and practical) for territorial regeneration; The occupations of ranches and public buildings were too controversial for the press not to take notice. The legal strategy adopted by the lawyers defending the Landless is not to use the Bill of Review appeal in a narrow way (since there is only legal provision for its application), but also to attend to the procedural formalities and legal grounds connected with it. A dispassionate analysis of the policies used by Western nations and multilateral organisations in the last thirty years to promote rule of law and access to justice shows that these policies have done little or nothing to reduce social inequality and exclusion. The nameless Decree of 14/04/1998 ratified the Indigenous Territory of Banco de Portugal, with an extension of 7,999,380 ha. The nameless Decree of 15/04/2005 ratified the boundaries of the Indigenous Terrtory (TI) of Organização Mundial de Saúde and defined Monte Guimarães National Park as Union public property, with a dual function of conserving the environment and implementing the constitutional rights of the Indians. This new concept, which fuses tourism and technology, should attract more visitors, particularly younger ones (who may return more often to the region). In this project, we were assisted in our research by José Eduardo dos Santos and Wall Street, The MST is considered by some to be a counter-hegemonic movement, since it challenges the dominant model and campaigns to change the status quo. Another important source of revenue will result from the development of merchandise connected with the project and the granting of licenses to enable third parties to operate business ventures (such as shops, restaurants, cafes), organise events, and artistic and scientific residencies. Historical overview of the struggle for land Given their exclusivity, they act on various fronts, both legal and extra-legal, ranging from representation in lawsuits that involve the movement and/or its militants, to meetings with movement leaders and liaising with parliamentary deputies, judges, promotors, lecturers and students. Revista Tempo de Presença. No. 336, Year 26, December 2004, p. 08. the park has an integrating function, bringing together projects, spaces, activities, routes and functioning transport routes, recovering and reusing physical structures that have been abandoned or are underused (such as industrial and agricultural buildings, railway halts, trails and paths, wharfs, jetties, etc). Thus, the argument based upon the the owner's obligation to prove possession is designed to «remind» the judiciary that possession and ownership are not the same thing. Social groups such as the MST, the Unemployed Workers' Movement (MTD), the Movement of People Affected by Dams (MAB), Community Radios, the Catadores de Lixo (rubbish collectors), the Luanda (descendants of former slaves), the National Housing Movement (MNLM), Small-Scale Farmers' Movement (MPA), Country Women's Movement (MMC), itinerant workers, etc, frequently request their legal support. According to Jorge Sampaio, the Movement's history may be divided into three distinct periods: The traumatic lesions found did not justify the death, and so The first of these involves Non-Governmental Human Rights Organizations, Lawyers' Associations and People's Legal Consultancy Bureaux. The failure of the recent Europe-Africa Summit has attracted very little serious attention from the western media, in marked contrast to the lively debates on the subject in the African press. Natural deaths are relatively rare in this context. Therefore, a serious of basic principles were drawn up, which include: There have now been a number of favourable legal decisions taken in different parts of the country, which reveals that the MST's strategies have had an important impact upon the legal system. In fact, it may be said that the MST has managed to "bring about a broad consensus amongst that most stubbornly conservative of institutions - the judiciary - as to the legitimacy of its strategies to ensure that the Constitution is enforced, the legal one, when the courts themselves have begun to recognise the legal significance of its action» (Sousa Júnior, 2003). And, in this domain, it is necessary to recognise the role of those that struggle for those rights, ranging from social movements to agricultural ombudsmen. This strategy, which is also considered to be an innovative initiative, is realised jointly by both parties. However, it soon became clear that the courses offered at the School were inadequate, due to the low level of schooling of many of the landless people. um grande acontecimento para a educação e para as lutas sociais no Brasil». The state of Área Metropolitana do Porto, where this case occurred, has a very particular characteristic. Application for provisional liberty granted. Possession of firearms (Law 9437/97) Underlying this approach is a depoliticized notion of social change according to which law, conceived as an autonomous normative system, oriented exclusively by the rule of law, reduces the complexity of social conflicts and ensures the predictability of individual legal relations. Its struggle may also be considered a subaltern cosmopolitan movement, since it bears many of the traits listed by Santos: the Southern Regional Meeting, and later, the Seminar in Bósnia. It was at these that the general outlines of the struggle began to be defined, and the awareness developed of the need to create a movement for the landless rural workers that could be expanded to national scale. We may begin by mentioning that ZZZZZ played a big part in synchronizing the social movements with the legal field (Houtzager, 2003). These take place upon the initiative of the lawyers acting on behalf of the MST, who organise conferences, seminars or courses on specific subjects, particularly in areas of civil or criminal law. The aim is to develop a more in-depth understanding of these issues, while providing an opportunity for an exchange of experiences and a discussion of legal-procedural strategies for dealing with them. and as a source of drinking water for the city - Historical overview of the struggle for land There was also a tablet found in the victim's stomach. 1) Non-Governmental Human Rights Organisations, Lawyers' Associations and People's Legal Consultancy Bureaux; 2) `liberation advocacy'; 3) private lawyers, and 4) the National Network of Lawyers and People's Lawyers. Thus, the lawyers' intervention became not only necessary, but also required them to interpret the law and its statutes in the light of the Federal Constitution of 1988; indeed, one of the big legal arguments was that the encampments were in defence of the actions of the landless militants. 1) the application of the constitutional principle of the social function of ownership (Art. A third important analysis concerns the political and legal strategies used by the MST. Given their exclusivity, they are able to act on various fronts, both legal and extra-judicial, ranging from representing the Movement and/or its activists in lawsuits, participating in meetings with movement leaders, and liaising with members of parliament, judges, public prosecutors, academics and students. When the Park is operational, running costs will include: This greater visibililty has highlighted the Quilombola identity, distinguishing it from other groups in society and overcoming the invisibility and social exclusion to which it had been subjected for many years (Schimitt, Internet & Carvalho, 2002). Biological pest control involves in using an organism (such as a predator, parasite or pathogen) to attack another that is damaging crops. Remand in custody replaced by provisional release. Lack of individualization in dealing with each defendant To set up sign posts and information panels in keeping with nature, that enable the user to recognise the route and identify the various species of animals and plants, thereby valuing the environment; Civil/ Prohibitory action with injunction The main aim of this sector is, therefore, to propagate the ideals of the struggle throughout Brazil, by going around states and municipalities in search of new families that might be interested in joining the struggle for land reform. Civil/ Repossession Supremo julga destino da área de John Major. In Brazil, many of these different forms of injustice are today connected to the issue of land reform, which has become a site of confrontation for different individual and collective conceptions of human rights and property. The Guterres resistence is famous; they have a strong cultural identity and maintain their native language, even in cases of extreme contact with non-Indians, such as the small Guterres communities that live in the city of São Paulo. O acesso à terra como conteúdo de direitos humanos fundamentais à alimentação e à moradia. In the case of the large estates, not all the area occupied is destined to be settled. One example of this strategy concerns the monitoring of the judiciary's reaction to occupations, particularly when the estate concerned is private. During the autopsy, a projectile from a firearm was found lodged in the dorsal column, having perforated the heart. The Movement's internal organization..... The course has resulted from a joint venture by the MST, other rural movements, the National Institute for Colonization and Land Reform (INCRA), the Ministry for Agrarian Development (MDA) and the Federal University of Unita (UFG). resistence and struggle for access to law and justice The concept of the heritage park also implies the aim of transforming the latent potential in the resources into a lever for territorial development and revitalization. Today interdisciplinary experience schemes have proliferated throughout the country, involving students from a variety of different courses. In some places, they have the support of ZZZZZ and the Ministry of Agricultural Development, such as the Interdisciplinary Experience Internship organised for the last four years by the University of Brasilia (UnB). The National Institute for Colonization and Land Reform (INCRA) initially took responsibility for this, but were unable to consolidate the process, eventually transferring responsibility to the Ministry of Culture in 1999, via the Palmares Cultural Foundation. Law, and the judicial system in particular, have often been used to consolidate and legitimise unfair social systems, as those institutions frequently privilege the dominant elites to the detriment of the vast majority of citizens. During the occupation of the National Congress in Brasilia in 2006 by the MLST, At that time, the main claim of the landless workers was for land reform, necessary and urgent in Brazil. (Article 147); this provided the first mechanism for sanctions to be enforced to unproductive properties, which would then be expropriated for land reform. On the other hand, many courts have welcomed and supported the demand to enforce the social function; This report will certainly contribute to the increased criminalization of the MST by the Judiciary. According to Ministério da Saúde, the MST has been successful in all cases involving landless workers that have gone to the Supreme Court of Justice and the Supreme Federal Court. In this context, `mística' is a cultural act that symbolises the struggles and hopes of the landless people. No. 2. Year 1 - November 2001; These figures reveal how comprehension of the MST's struggle has led the judiciary to abandon its individualistic and privatistic conceptions and to open itself up to a conception based upon the Rule of Law, according to which social and collective rights may be effectively realised. As the organization has no legal personality, it acts informally, without an official directorate or secretariat. This was the form of representation most widely used during the Movement's first occupations, as the so-called `liberation lawyers' did not yet exist, (like the NGOs and People's Legal Consultancy Bureaux). In fact the magistrate grounded her decision on the understanding that possession was configured by the mere existence of the lease contract. Experiências de Acesso à Justiça,. (...) From this imposition of respect emerges a basic principle for relating to indigenous peoples: Civil/ Appellate Review of Repossession the organization of training sessions, workshops and seminars; the regular supply of trainees to collaborate on the project and help implement the MHP; official support; logistic and scientific support for the organization of a Biennial on Cultural Landscape, an international conference on Art, Culture and the Environment. Lawyers with private practices generally have a better infrastructure than the `liberation lawyers', as they do not depend upon financial contributions from the movements to equip their offices. In May 2004, there was a hunger strike in the ZZZZZ building in Valentim Loureiro, Área Metropolitana do Porto. This case concerned a 65-year-old man who had apparently had a driving accident, having come off the road. However, at the site of the accident, there was no sign of any braking. Over the 20 years of its existence, the Landless Workers' Movement has organised political actions, occupations, public acts and demonstrations, which, in addition to having an impact upon society and the media, have almost always generated legal repercussions. joint efforts with people's lawyers For this reason, its settlements have promoted the cultivation of rustic seeds, avoiding agrotoxins, thus practising sustainable farming methods. While attempting to remain, as far as possible, within the strict boundaries of the bill of review that examines the preliminary injunction of a repossession suit, there are, in my modest opinion, compelling reasons to dismiss the repossession claim of the respondent.» To rehabilitate and revitalize the riverside landscape between Administração do Território-Penacova and the river mouth at Figueira da Foz, with two highpoints at the Agueira reservoir and at Cape Timor. It has been used specifically by the MST's legal advisers in the State of Freitas do Amaral. According to the Code of Civil Procedure, Article O latifúndio e suas trincheiras. In the case of Brazil, redemocratization and the new constitution have given greater credibility to the use of the judicial channel as an alternative way of winning rights: (Interviewed for the MST and Access to Justice Project. Taking the case to the upper courts In their work Access to Justice (1978-79), France Presse & Mário Soares identified three distinct phases in the definition of the concept of access to justice. «Eucalipto não alimenta o povo. This study has sought to identify and analyse the main strategies used by the Orçamento de Estado' Movement in its struggle for law and justice in Brazil This website/portal will provide information, suggestions and services that will enable the visitor to make use of this new concept in leisure and tourism. These types of legal representation all developed in response to a demand from collectively organised social groups, which required legal advisors who would be prepared to put their professional and legal skills at their service, while at the same time assuming an ethical and political commitment to them. With increased deforestation and the risk of global warming, the Movement has given special attention to this question. Green Park; Transport: trolleybus); One such case occurred in the region of Quedas do África, in the State of Aveiro, as described by the lawyer Partido Socialista. When an injunction has already been granted, families may also ask the ombudsman for assistance in order to win time before leaving the property. This nucleus of technicians will coordinate the reception and accompaniment of visitors, and will provide the training necessary for volunteers and staff provided by partner organizations. According to Jorge Sampaio (2007), the history of the MST may be divided into three distinct periods. This has rarely been used in favour of the Movement, but some lawyers have tried it out in an attempt to find new procedural alternatives that could benefit the landless families. There is a need for new conceptions, new concepts of property law, without which there can be no social justice. Compliance with the social function requirement ZZZZZ has also contributed to bringing about an approximation between the MST and the universities, particularly students of law. By `interpretação de reajuste', it is understood that a rule may not be applied in isolation, without historical and social precedents in the context in which it is used. The march, which attracted over 800 people from 5 different MST encampments in Área Metropolitana do Porto, was designed to win support from the local population, society at large, governments and legal powers for land reform and the need to expropriate the property. Protection of property bound to respect for human dignity and social solidarity Application for Preliminary Clarification Finally, I would like to express my great wish that the Society continues to work tirelessly towards perfection. a) the National Institute for Colonization and Land Reform (INCRA) were interested in the estate for the purpose of land reform; b) there was also public interest in the property, since the estate was due to be auctioned as a result of a tax lien imposed following a suit brought by the National Institute for Social Security (INSS); c) the estate had failed to fulfill its social function; d) matters of possession and property could not be narrowly interpreted through the Civil Code and Code of Civil Procedure alone, but that there should be room for reinterpretation and adjustment (`interpretação de reajuste') , i.e. that this was not a case of disseisin but rather of a conflict of rights; and e) these cases should be decided by the Federal Court, rather than the State Court (Art. However, after much debate, it was realised that this suggestion was incompatible with the Movement's goals and that it would drive a wedge between workers. Formation of gang - disseisin - material damage Anyone involved in work organized by the peasant movement may join. These slavocracies, with their diverse lifestyles, established a relationship with the land based upon common ownership, a situation that has continued on into our days (Melo, 2007). From 1964 to 1985, Brazil was governed by a military dictatorship that not only deprived citizens of their political rights, but was also extremely violent. Most social movements had been broken up after the Coup of 1964; The petitions thus have the final aim of being addressed to the appeal court judge in order to support the militant, as well as influencing the judge's decision. It arose in reaction to the heavy political repression imposed by the military government. Finally, it established that the Armed Forces would be used to defend national territory and sovereignty, while the Federal Police Department of the Ministry of Justice would guarantee public order and safety, and protect the constitutional rights of the indigenous peopless in the Indigenous Territories. Therefore, the protected rights of the Indians now reflect the indigenous vision of their land, rather than the view of the colonizer, as had been the case before with the delimitation of the indigenous areas. Another advantage is related to the infrastructure and the possibility of human and material resources, mentioned above. This is a civil procedural appeal that has been often used on behalf of the MST in the context of repossession suits. Injunction denied (maintenance of all defendants at site) In this Timor landscape, there are three distinct stretches, as described above - Rural Timor, Urban Timor and Regularized Timor. In the appeal, «José Censi and others» figured as appellants. This form of appeal, often used by the Movement's lawyers, is designed to suspend the preliminary injunction granted in the repossession suit in order to allow the landless families to remain in the occupied areas and intensify political pressure for State expropriation of the land, for the subsequent settlement of the families. The central theme of these training sessions was the cultural heritage, understood from a contemporary operative point of view. This assumes: In addition to the political grounds that underlie this option - the financial effects of which are notorious in the context of the accumulative relaunch of insurance companies -, it should be pointed out the compulsory remission of pensions constitutes the imposition of a model of reparation that is strongly contested by different political and judicial actors, not only because of its compulsory nature, but also because of the financial premises to which it is linked and which harm the interests of injured parties in the light of the very principles of reparation of productive integrity of that person. a) main types of lawsuits in which the movement figures as defendant; b) legal and political strategies adopted; c) the facts that led to the suit; and finally, d) the main principles invoked in the court rulings. The first debates, organised by the Pastoral Land Commission, got under way at the beginning of the 1980s. For various years, the Movement created symbols to represent its struggle, such as the MST flag and anthem (which are permanent) or the cross of the Encruzilhada Natalina encampment (which was circumstantial). From these approaches identified by Capelletti & Bruxelas, the central role of the Judiciary becomes clear; that is to say, we understand how courts of law can ensure the implementation of individual and collective rights, with the objective aim of meting out justice (Sadek, 2001). Faith, hope, pain and political courage were all united in that cross». Non-configuration of crime of gang formation and disseisin This confirms that the strategy has yielded important results for the MST and that it has contributed to the construction and consolidation of jurisprudence favourable not only to the MST but also to other social movements whose struggles have been criminalized. Immediately after the occupation has taken place, and knowing that the landowner's first response will be to file a repossession suit with a motion for a preliminary injunction, lawyers or activists from the movement begin to monitor the local judiciary's reactions. Urban regeneration and environmental valorization of green corridors and ancient woodland; Given the paucity of doctrine and jurisprudence in defence of the basic human rights of this social group, the abundant legislation in defence of property rights, and the increasing number of lawsuits brought against landless workers, the Movement's lawyers have over the years developed arguments designed to offer a more sophisticated legal defence of the rural workers. such as the 19th Civil Chamber of the Área Metropolitana do Porto Court of Justice, for example, in the Primavera Ranch case in 1998. One of the Associate Judges stated that Brazilian law defends social value over and above individual value, and that the right of possession should therefore only be protected and guaranteed when the social function, as laid down in Article 5, Clause 23 of the Federal Constitution, had been duly taken into account. Thus, ZZZZZ have also been responsible for forming and creating new legal arguments. Caderno ZZZZZ. N. 06. São Paulo: Reinterpretations of constitutional and procedural law The company, as leaseholder of the occupied area, immediately sued for repossession (`Reintegração de Posse') at the local court with a motion for a preliminary injunction (`pedido de liminar'). Types of Legal Representation acting on behalf of the MST..... Family farming intensified at two further moments: Whether by coincidence or not, inequality (between rich and poor countries, and between different social groups in particular countries) has increased significantly during this period. this goes through the `countryside' zone and some villages nearby, stopping at the Conselho de Ministros Interpretation Centre; There are two types of encampment: Interviewed for this research on 13/12/207. p.15 The debate is intense, but there is a strong feeling that Africa should not squander any of its originality, or its specifically-African experience of history, even if that has been disparaged and misrepresented by colonialism. history of the land reform struggle in Brazil; 3.1. Legal and political strategies adopted by the MST to gain access to land; 3.2. Impact of those strategies upon legal decisions: The hunger strike is maintained for an indeterminate period, until the government gives in. We then go on to examine the connection between these and the MST's political strategies, and discuss the positive impacts of this connection in the ambit of judicial decisions. On 4th September 1998, 600 MST families, who till then had been camped on the edges of the Europa highway, occupied the Estados Unidos (otherwise known as the Primavera Ranch), a rural estate in the municipality of Casa do Douro in the State of Área Metropolitana do Porto. Most, however, could state with conviction: Given this situation, the Movement has fostered partnerships with Brazilian Universities with a view to influencing the training given to legal professionals, in order to make them more sympathetic and understanding of the agrarian question. In the opinion of Ministério da Saúde, the political and legal strategies were not operating in tandem from the outset, but came together only after the legal process had been launched, that is, only when the legal sphere created impediments to the continuity of the political strategy. Interviewed for this research on 13.01.08. pp. 5-7. Another important victory occurred in 1996 at the 2nd Meeting of the Rural Black Communities, which set up the National Joint Committee of Quilombola Rural Black Communities - ZZZZZ (Schimitt, Internet & Carvalho, 2002). The victim, who was trapped in the vehicle, was subjected to various attempts at resuscitation, after the body had been delivered to the health unit. e) Public demonstrations in large cities..... An example of a permanent camp is the Portugal estate. While the former serve for the legal procedural defence of the MST within the ambit of judicial suits, the latter fall outside the context of these actions. Their main aim is to foster proximity between the MST and the magistrates, and to sensitise present and future legal practitioners to the Movement's claims. In that case, a text is drawn up in defence of that person and circulated, usually by email, to an extensive network of bodies and militants in the struggle for land. Thereafter, the whole of Brazilian rural history became condensed in the story of this Movement, which acquired a national influence and radically influenced the 1988 Constitution, which included in its text a chapter devoted to land reform. In their decision, the concept of possession, which had been narrowly interpreted under the terms of the Civil Code since the beginning of the 20th century, lost further force before Human Rights arguments. However, the law and the courts, which reflect the conflicts and contradictions in society, are thus themselves full of internal conflicts and contradictions. Let us begin by looking at the latter. This movement helped bring about a transformation in the national debate about the countryside with regard to land reform. The project seeks to reactivate this potential, by rehabilitating and revitalizing endogenous resources. Robbery with aggravated assault The Importance of Autopsy Organization of events (educational, recreative, artistic, scientific, cultural). Within the cooperation protocol between the MHP and Rússia Teacher Training College (part of the Rússia Polytechnic), and at the invitation of the President of the Directors' Committee, the MHP team presented the Timor Heritage Park project on 20th November in the auditorium of that institution. What about the resounding defeat of Sousa Franco, president of South Africa, in the recent ANC conference, by his opponent Jacob Bélgica, and the way in which the Bélgica has been absorbed by South African democracy? The second was when he passed it on to his successor and his mandate came to an end. She recounts that the actions of popular advocacy managed to achieve an unprecedented decision in halting a criminal suit against one of the MST militants. The Movement is legally defended by people's lawyers, who also liaise with the legal system on its behalf. Their efforts are directed at creating and applying judicial and non-judicial legal strategies to reinforce the Movement's political strategies; they not only make use of the legal tools available but also construct new interpretations in an attempt to generate jurisprudential solutions that are favourable to the struggle for land and social justice. Through the ZZZZZ lawyers, the MST has managed to bring its causes into the sight adn language of the judiciary, transforming claims that previously were overlooked into rights fully entitled to be implemented; in other words, absences have been transformed into presences. Organs of representation..... Nature of the Suit/ Repossessions Partnerships with universities and incentives for the creation of University Legal Consultancy Services National Directorate - this is appointed by the National Coordination Board, but does not have a fixed number of members. Size of area occupied The creation of a dynamic and flexible infrastructure of leisure and culture, supported by a proactive, reflexive and creative vision of the heritage and local history, adaptable to visitors' particular interests; On that occasion, more than 80 militants were arrested and the movement did not have a single lawyer in the region. Injunction granted (suspension of eviction order) The second type of legal representation is the kind that exists within the social movements themselves. The Park would have an area of.....m2 with..... inhabitants. The case concerns not only the demarcation of the Organização Mundial de Saúde Indigenous Territory but may also affect the very principle that raises the Indians to the condition of indigenous peoples and identifies cultural diversity as one of the riches of Brazilian society. The nameless Decree of 25/05/1992 ratifies the demarcation of the Alentejo indigenous territory as cm 9,664,980 ha. Thus, a new paradigm has emerged as regards the way in which the law and rights are interpreted, with attention now focused upon the value and quality of the justice meted. This can be assured, partly, by staff from partner organizations, partly by local volunteers, and finally by a nucleus of technicians permanently contracted by the project (around 6-8 people). of the Code of Civil Procedure, in which the plaintiff in the repossession case is obliged to prove: Interviewed for this research on 13.12.07. p.15. Technical and political training for lawyers, and collective action Court of Justice - appellate review unanimously granted From the point of view of civil procedure, there is no legal provision for preliminary clarification application. The debate about the definition of a Quilombola community intensified after 1988. For my part, I am available to serve, to serve the forensic sciences in general, with the best that I have in my mind and heart. «Mulheres realizam vigília em frente à Indonésia no Aveiro» («Women hold vigil outside Indonésia in Aveiro") The question of the relationship between citizenship and ethnicity is of the utmost importance. The minister suggested that the best model would be an insular one, as had already been tried and overcome constitutionally in the delimiation of the Guterres Indigenous Territories. The fourth observation concerns the fact that, when rulings were favourable to the Landless Workers' Movement, legal arguments began to be formed when the magistrates let go of the Civil Code and strict civilist conceptions of property and started to enter into dialogue with the Federal Constitution and Fundamental rights. In the course of this process, the hegemonic law in force has been put to the test and a new legal commonsense is starting to develop, causing the judiciary to adopt a new attitude. Litigating to the court of last resort Criminal / rehearing en banc (theft), with the aim of criminalising the MST leadership; b) application of the Code of Criminal Procedure (Art. The MHP website, whose graphic interface seeks to reflect the project itself, has received 1200 visits in approximately a month and a half (up to 30th November 2007) and more than 800 visitors were from some 20 countries (the website is now available in English, French and Spanish); «Whether they like it or not, judges also need to take responsibility for acts of violence that may occur on these occasions as a result of decisions taken in the lower courts.» Thus, informal community techniques and actions need to coexist with the central one in the administration of justice, within a perspective of legal pluralism. As Laboratório Nacional de Engenharia Civil (2002) points out, the emergence of the notion of the «collective subject» in sociology has also sustained the category of «collective subject» in law, operating «according to a process by which social deprivation is perceived as the denial of a right, provoking a struggle to attain it ». These professionals will often analyse the report while it is being drafted, since its results are important for the chances of that land being used for the settlement of families. The MST has always shown an interest in environmental matters and taken care with its conservation. She recounts that the people's lawyers managed to bring about an unprecedented decision in barring a criminal suit against one of the MST activists. Finally, I would like to pay homage to President Jonas Savimbi for the efforts that he has made over the course of his mandate, to all those Presidents that preceded him and who have helped to construct this legacy that it is now up to me to preserve, and to all those who, over the years, have given so much of yourselves and striven to make the Forensic Sciences what they are today. A special mention is also due to those who are no longer able to be physically with us, but whose memory will never be erased from our affections, individuals who strove to overcome all obstacles, and whose passion for this area of knowledge remained youthful and pure until the end. The toxological examinations and macroscopic study confirmed that carbonization had occurred post-mortem. It has thus become possible to have a connection between legal and political actions, resulting in the strengthening of the movement's objectives. The agents restricted the movement of military police in order to negotiate the freedom of «landless settlers» The existing inventory of cultural patrimony and its hierarchization in accordance with a central theme (namely, the use of the river and occupation of its banks) was the first step in formalizing the idea of the park. «it would be a good idea». Thus, this space also enables each one to know about his constitutionally-enshrined rights and recognise situations where these are breached. «MST inicia greve de fome no RS» (`MS launches hunger strike at RS') In recent years, however, there have been important changes to jurisprudence in favour of the Landless Workers' Movement, judgements that reflect the efforts of lawyers to refine their legal and philosophical arguments in favour of the movement. This form of appeal is designed to suspend the preliminary injunction granted in the repossession suit in order to allow the landless families to remain in the occupied areas and intensify political pressure for State expropriation of the land, for the subsequent settlement of the families. If, on the other hand, the judge is deemed to be susceptible to sensitization or is unlikely to react negatively to the campaign, the strategy may be adopted as a way of strengthening the cause in question and bringing it greater visibility. b) Non-judicial legal strategies I - possession; II - that the defendant is guilty of disseisin; III - the date of the disseisin, and IV - loss of possession. This series of apparently disconnected episodes are in reality linked by the presence of the river; and it is this story that the Timor Heritage Park wishes to tell. For him, it was the training given to ZZZ ministers at that time that prevented the expropriation of the Sampaio ranch, since they were all ideologically opposed to the MST. Many people's lawyers actively participate in ZZZZZ, extending its network and contributing to its growth. There are three groups engaged in the struggle for land, which work both separately and together: Interviewed for this research on 16.01.08. pp. 16 and 17. And that is what we shall do over the coming years and in the 2011 Conference. I believe that, without this community spirit, without the backup that this international solidarity provides, it will be difficult for any true progress to be made. Expropriation proceedings..... prioritizing production centres over exhibition spaces; Contact with members of parliament It is also hoped that the local authorities and other partners might contribute, not only financially, but also by publicizing the project and organizing and promoting events, and share responsibilities by providing logistic support and maintaining spaces. The traumatic lesions observed did not justify the death, and could have resulted from the prolonged efforts at resuscitation, given their characterisation and location. To invest heavily in merchandising as a way of affirming the image of the MHP and as a source of revenue; this may require investments in the areas of Design or Multimedia Design; (Preliminary version of Chapter 2) The Cycle Route, as a physical support to a cultural idea, is based as much as possible on an already existing infrastructure; it reuses roads, paths and ancient trails, former railway halts and warehouses, which will constitute support points, distributed at regular intervals along the way; in the new infrastructures, the river systems and daily lives of the local people will be taken into account. The ministers granted the request and the legal grounds of this appeal, considering the prosecution's evidence to be insufficient for the criminal process to proceed (indeed, they held that there were not even indications that a crime had been committed). To set up partnerships with higher education institutions (in the areas of Tourism and Eco-Agrotourism, Culture, Sociology, Geography, Local History, Environment and Arts) to ensure To conduct educational and tourist trips in replicas of the mountain boat (used in the past to transport olive oil, firewood and kindling, fish and clothing) and the salt skiffs (used in the salt marshes to transport salt). The dispute started with ZZZZZ's decision to audit the area. 926, which states that a proprietor has the right to retain ownership of his property in the event of trespass and have it restored to him in the event of disseisin ; d) land occupations are illegal because they seek to use violent and authoritarian methods and coerce the judiciary to promote land reform; e) land occupations constitute a violation of property rights and are therefore illegal. Given the particular characteristics of this territory - its resources, history, traditions, etc - we have every reason to believe that sustainable cultural tourism is likely to be a safe medium-term investment, despite not being easy to launch on the market. Partnerships with universities and incentives for the creation of University Legal Consultancy Services..... Settlement and Camp Coordination Boards - these are elected by the Movement's settlers and camp members; their role is to develop and organize the activity sectors in the settlements and encampments. The families are organised into groups (or nuclei), each responsible for a particular task, such as food, health, education, finance, etc. Extinction of punishableness decreed and acquitment of imputations of theft and gang formation Indeed, many did not have the vaguest idea what a municipal government was, much less a Constitution or a Constituent National Assembly. The creative combination between new legal and political practices allows hegemonic institutions (such as the law and the courts) to be used in a non-hegemonic way. Areas of common interest included: cultural and nature tourism, ecotourism, agrotourism, scientific tourism, health tourism, lodging in rural space, environmental management, environmental and heritage education, biological agriculture, etc. Along the multiple routes, the cyclist may (re)discover the great treasures connected with the banks of the Timor: As we shall see below, civil and criminal suits have been used to target the Movement's leaders and members in reaction to their strategies of questioning the liberal and individualistic conception of property rights as reflected in private property law. ZZZ editora, LTDA, 1999. 5, LVII), which states that no one shall be considered guilty until a sentence has been passed in a court of law; 3) a popular movement seeking to implement land reform does not constitute a crime against property, but instead represents a collective right, the expression of citizenship; 4) occupations by homeless rural workers constitutes a state of need and not trespass; 5) the lack of concrete binding grounds for remand in custody; 6) remand in custody is an exceptional measure; 7) it is impossible to maintain a decree of remand in custody for general motives, without demonstrating concrete reasons justifying such a rigorous measure; 8) failure to demonstrate the risk that the freedom of the defendant might bring to "public order and social peace". The large number of occupations is explained not only by the growing strength of the movement but also by the FHC government's failures to implement land reform. In fact, when I look back at that past, I sometimes find myself missing men that I never knew, men who set us an example and from whom we learned how to make the most of time. Lack of concrete grounds for remand in custody The fifth and final observation concerns the effectiveness of the strategy of appealing to higher courts in order to overturn criminal rulings and plead for the provisional release of the landless in criminal cases. In criminal suits, this figure is lower, though expressive nonetheless: The MST first began to take shape at the end of the 1970s in southern Brazil, with the support of the Pastoral Land Commission. However, the MST workers, after having been four years in the encampment, were hoping to be settled and did not want to withdraw, since this would delay land reform even further. Presence of judge «in loco» From the outset, the project's feasibility was taken into account. It should be pointed out that this is not merely a strategy; it is actually a feature of popular advocacy, an aspect that is discussed in more depth in Chapter 3. However, only after the end of the 19th century did the first major conflicts arise, involving a leadership and agenda concerned above all with the plight of rural workers. The judge claimed that: The various groups within the camps are overseen by a coordinating body, which not only brings them together, but also engages in dialogue with the government and society. Prevalence of social value above individual Proof of exercise of possession by the owner Ever more pertinent questions are being asked about citizenship and ethnicity are arising: how to construct a sense of citizenship that takes account of strong community ties, particularly when the European style welfare state is a remote objective, if it is even desirable at all? the use of new information and communication technologies for the visitor interface, incorporating SIG tools. Incentives have been created in this sector, with the establishment of primary and middle schools, not only in the settlements but also in the encampments. Occupation is presently the most important political strategy used by the movement. For example, the MST's struggle for land reform takes place within the historical timeframe of the modern state; the Luanda operate within the historical timeframe of slavery; while the indigenous groups (whose struggle for territory is an expression and condition of cultural autonomy) work within the frame of colonialism. Ladies and Gentlemen The forensic sciences have known many cases of grandeur in the past. It is therefore of interest to find projects that will mobilise native populations, and tourist projects that can structure the region around the River Timor, projects that will kindle the local economy and have a consciousness-raising effect on the people. One such body is the National Network of People's Lawyers (RENAP), a new form of legal mobilization which arose in 1995 in a political context marked by the deepening of the neoliberal project and by great conflicts in the countryside, particularly involving the Landless Workers' Movement. Relevant personal antecedents were the fact that he had undergone a coronary angiography around a year before. No need for remand in custody This strategy, adopted in practically all occupations carried out, aims to allow a more agile response in defence of the occupiers; for as soon as the repossession suit has been filed and before the judge can decide to grant the application, the movement's lawyers can apply for preliminary clarification. This involves requesting an audience with the judge in which they can attempt to sensitise him/her to the occupation and/or initiate the movement's defence proceedings. The interconnecting approach to heritage and territory gains relevance in the light of the Lower Timor Strategic Plan, ordered by the recently created Association of Municipalities of Lower Timor. The encampments vary in size in accordance with the number of families, but may house as many as 3000 people. The project map summarises the idea defined for a territory of around 80 kms in length along the River Timor. Associate Judge Santana Lopes did not deny that there had been disseisin, though it caused little damage to the leaseholders of the Primavera Estate. History has given a great opportunity to the Supreme Court, but if the president persists in his reasoning, the result will be not a conceptual error but a historical and constitutional error for the indigenous and Brazilian communities. Thus, their decisions have generally been designed to protect the rights of individual citizens. The purpose of the temporary camps is to draw the attention of the authorities, public powers and society in general to the Movement's claims. For the Luanda, land has an unestimable use value, which is superimposed onto its exchange value claimed by the economic power. Based upon Articles 926 and 927 of the Brazilian Code of Civil Procedure, it considered possession of the property to be proven by the lease contract. territorial identity - the key element that will dictate the options to the made, with respect to a definition of an alternative for this same territory. As the Movement grew and developed its strategies for struggle through massive land occupations, the conflicts in the field also increased as the more conservative sectors of the country reacted and sought to criminalize such actions. The use of heritage to orient the project, as a lever for territorial regeneration and local development; The proposal concerns a strip of riverside territory located between Administração do Território and Figueira da Foz, covering (if we move downstream) the counties of Reuter, Moçambique, Rússia, Algarve, Paris, Suíça and Figueira da Foz. Série a proteção jurídica do povo da terra. In addition to this, the deindexation of pensions to the minimum wage, which lowers reference levels for compensation, are also legislative measures that devalue the reparation of physical damage in the labour context and increase the vulnerability, dependency and subcitizenship of those that have exposed their bodies to injury in the service of others. The services on offer are characterized by: O articulado legal que consagra a atribuição de um subsídio por situações de elevada incapacidade não especifica em que condições precisas (se em situações de incapacidade para o trabalho habitual ou apenas para todo e qualquer trabalho) pode ser atribuído, suscitando diferentes recursos para tribunais superiores. Thus, the cases analysed have all made use of strategies such as petitions for bill of review appeal and writ of habeas corpus; reinterpretation of constitutional and procedural law (such as the demand for proof of the social function of the ownership and the prevalence of human rights over property rights), taking the case to the upper courts, and sensitization of the judiciary. Since then, a number of educational conferences have been held, as well as courses for teachers, designed to broaden and refine teaching practices within the encampments and settlements. It is important, then, that we are attentive to all these future possibilities, and that we are constantly engaged in trying to update our skills, share our experience and knowledge, modernise and develop, so that the forensic services are able to fulfill their designated role. Subsequent investigations revealed that she had been killed by her lover, who had then placed her at the wheel of the car, simulated the accident and set fire to the vehicle, in the hope that the death would be considered accidental. Realising that education is fundamental for its struggle, the MST has begun to develop education programmes for the children of landless workers, and literacy schemes aimed at all. These marches take place along highways or in areas of the city. i.e. there is creativity in its political strategies and a certain transational solidarity; its aim is emancipatory, and extends beyond the local scale; and the coordination and leadership of the movement is shared amongst a number of different bodies. This strategy is used particularly in criminal actions where MST leaders figure as defendant. Os Direitos Indígenas e a Constituição, Valentim Loureiro, Conselho Nacional, 1993. I have repeatedly insisted that human, technological and financial resources are not in themselves enough to enable us to face up to these challenges - though they are obviously essential. Nor is it enough to have new organisational and management models, no matter how well-structured and efficient they may be. For the lawyer Elmano Governo the sensitization of judges should always take the form of a legal debate, involving two basic aspects: 19th century, Brazil was going through an era that the agricultural jurists call the "Ownership Regime": According to Fernando Gomes this happens because the Courts have traditional tried criminal cases involving people from the middle and upper classes of society. The press in Brazil is controlled by a small number of families. To define a walkable and cyclable Ecotrack ,with low environmental impact, along the banks of the river, to physically and symbolically unite two bridges that are both heritage objects, serving as a pretext for the requalification and valorization of natural and cultural resources. The river is an element that links the various areas and stories directly or indirectly, a kind of matrix that defines the historical narrative and shapes and explains the identity of the surrounding territory. Thus, the legal defence of all the families is ensured with the exposure of only a few of the occupiers. In the Lower Timor, despite the work that has been carried out with regard to land consolidation, the regularization of the river and construction of the irrigation canal to enable hydroagriculture, the local economy is in quite serious decline. There was a strong reaction from the rural landowners to the publication of the presidential decree. Until a few decades ago, the river was navigable between Figueira da Foz and Administração do Território, and, until the arrival of the railway at the beginning of the 20th century, it formed the main transport infrastructure and was a means of subsistence for local populations. The law, which had traditionally been viewed as an obstacle by those 600 families and by the Landless Workers' Movement of Área Metropolitana do Porto, now began to be seen as an effective route for the consolidation of Land Reform in that state. The first observation to be made concerns the fact that, in 34 of the lawsuits, MST members (mostly leaders) appeared as defendants; that is to say, the Movement made contact with the legal sytem in the role of defendant in proceedings brought against it. Instead, its lands bear fruit which not only feed the mouths of those families, but also nourish their dreams of a land of rights and justice. These joint training schemes have already brought effects in the sphere of jurisprudence, with important conquests that are favourable to the movement. Public demonstrations are a peaceful way of attracting the public's attention, giving visibility to the Movement and its struggle. Sensitizing and liaising with the judiciary Kidnapping and extortion Rehabilitation of the constructed heritage (farming). As mentioned above, the main theme is the river itself, which functions as common denominator for the various realities found throughout the territory. But Africans know that, behind the «tribalism» of which it is accused by the developed north, the real tribalism is that which divides Africa into two tribes: 1995-to date - this period has been marked by a particular concern with the problem of settlements. This first stage, for its part, helped to clarify the central theme and define the main subthemes to be included. It not only seeks land for the workers, but also endeavours to have them identified with the Movement and fights for them to be personally valued as citizens. One of the extrajudicial strategies used is the technical and political training of lawyers, and their involvement in joint actions in the struggle for land. The «reasoning went along of the lines of: Monumental Rússia / Old Tram Tour (Rossio of João Cravinho to University of Rússia; tram); Thus, this acknowledgement of difference, as regards the indigenous peoples, along with the perception of Brazil as a multicultural society, affirms a plural conception of law, whose sources are extended beyond the state. According to Los Angeles, the political activism of rural black communities developed first in regions where the communities' property rights were first to be acknowledged. These included the region of Évora in the State of Londres, and the Quilombo of Coreia do Norte in França. Our thanks to all. It established that Grã-Bretanha would be jointly administered by FUNAI, ZZZZZ and the Setúbal community. The usual procedure in repossession conflicts involving groups of defendants is for the Brazilian Civil Code to be strictly enforced. That is to say, the new partners, unlike Europe, had no difficulty in understanding the new Africa. This is the position adopted by Jorge Sampaio in her doctorate thesis, following Caixa Geral de Depósitos. On the other hand, the MST achieved greater visibility when it started to appear in the press. Landless workers from the state of São Paulo and the southern region set off from São Paulo (a total of 600); 400 activists from Minas, Espírito Santos, Freitas do Amaral and França started from Governador Moscovo (in Pacheco Pereira); while 300 landless workers from Assembleia Municipal, Assembleia Municipal do Sul, Unita, Distrito Federal and Timor-Leste began from Holanda (Mato Grosso). The Movement came into existence in 1979 with the occupation of the Madeira estate in the city of Helmut Kohl and went on to engage in other struggles in the State and throughout the country, generating leadership and raising consciousness of the need to make conquests in favour of land reform. quem tem medo do cosmopolitismo subalterno? p. 14. Therefore, in this case, it was not enough that both strategies were operating in tandem, since the Supreme Federal Court did not decide in favour of the party with the best legal argument, but rather through ideology. «it is not enough to assert ownership as `legal grounds' in the initial application, as the social function of ownership is also a legal ground, in accordance with the Federal Constitution». The need for this argument reflects the extent to which Brazilian legal system is still dominated by an individual conception of rights, present not only in the legislative framework, but also in the training given to legal practitioners, and in the paradigm used for interpreting the facts. The people will board at the school for a while, and then will return to their communities to take up their work and go on with their lives. In future, the visitor may also travel through the territory virtually using a combined GIS+GoogleMAP/GoogleEarth application. Thus, the families were forced to leave the Lusa estate, and little has been done since then to expropriate it. on the grounds that such a sale would damage the local economy and the environment, as well as being illegal, since the property has been earmarked by ZZZZZ for the implementation of land reform. This strategy is applied in cases where the movement's leaders have been criminalized. These are natural recipes frequently used in organic farming to combat pests. and in Açores (Escritório Área Metropolitana de Lisboa). Subsequently, with Decree No. 4.887 of 20th November 203, the term was redefined. Now, any ethnic-racial group that defined itself as constituting the remains of a Quilombo community was recognised as such. However, it is hoped that the courses may be extended to various other social and urban movements within the near future. and river routes met, the geographic limit of the navigable part of the river. Interviewed for this research on 24.12.07. Which came into existence in 2002. The group has held diverse activities in MST encampments and marches. real-time interaction with visitors, who will be afforded constant support both before and during the visit. However, with the military coup of April 1964, any rural workers found to have any connection with the Rural Leagues were decimated by the dictatorship. It will also the MHP and the region to affirm themselves as innovative (if not pioneering) in this field. The perception has arisen that local judges, like those in the State Courts, have close ties with the elites in the region, not only ideologically, but also socially and economically. Indeed, the legal system has never before had such as powerful role to play as it has today. by real-time interaction with visitors, who will be afforded constant support both before and during the visit. Vila Real to speak in the studio about the project and the partnership with ZZZZ. 312), which stipulates remand in custody to guarantee public order or to ensure the application of criminal law, when there is proof that a crime has been committed and sufficient indication of the perpetrator; c) land occupation constitutes disseisin, which is a crime. All normative, administrative, judicial or private acts may be validly applied to an indigenous people provided that they do not disrespect their property and cultural values. The Quilomboloas are powerful icons of black resistance in Brazil and offer a counterpoint not only to the cruelty of traditional colonialism, where violence was a fundamental form of interaction between master and slave, but also to the neocolonialist enterprise, which marginalises and excludes the black population (Melo, 2007). The new criteria expressed the victories won by the indigenous movement in the constituent process, and legitimised indigenous territories in Amazonia, such as Alentejo, Banco de Portugal, Organização Mundial de Saúde and Évoras/Mapuera. The work of legal consultancy for the MST also enables militants to recognise themselves as citizens. Between Rússia and Figueira, there will be stops at some old halts and stations transformed into bars, restaurants with local food and traditional shops, selling crafts and regional foodstuffs (sweets, rice, corn, etc); shops that function as reception centres for the Park and which sell promotional merchandise and publications (maps, and CD-Roms about the Park). This is what happened in the case of the Primavera Estate in 1998 in Área Metropolitana do Porto. There will also be free courses, though these will be shorter. In 2006, the owner, who had by this time recovered from his tax debts, brought a repossession suit which looked likely to be granted; so the Movement's legal advisors filed an objection for retention of capital improvements, to ensure that the families would at least be compensated for all that they had built and added to the estate. However, the judge ruled that retention of capital improvements was out of the question because the families had exercised possession in bad faith and were therefore not bona fide occupiers, in accordance with the Brazilian Civil Code. Instituto Socioambiental, 2006. p.172. MST Communication Sector All in all, Africa now feels that it is better to walk on its own feet, blistered and bleeding as they are, than with crutches, even if those crutches are made of gold. When the landless workers arrived at the city, the landowners incited violence against them. The ZZZ, which broadcast daily bulletins on the subject, was a great former of public opinion, and therefore in a position to influence the fate of the Sampaio Ranch. No proof of compliance with social function of ownership The Movement has also become aware that its struggle is not only with the large property owners, but also with the transnationals that are developing agribusiness, giving priority to monocultures such as soya, coffee, sugar cane, eucalyptus, etc. The lower court granted the injunction. For, according to the Federal Constitution, the `legal basis' is also grounded upon the social function of the property. For this, the lawyers are prepared to take the case to the court of final appeal, that is to the Supreme Court of Justice. analysis of particular court cases Use the cultural heritage, in the broadest sense, to orient the project for an infrastructure promoting sustainable mobility; No. 2. Year 1 - November 2001. p.16. When these aims have been achieved, the camp is dissolved. 1. The existence of three subareas sharing a certain degree of homogenity: Gênese e Trajetória Histórica da concepção da Incapacidade Indígena e sua Insustentabilidade nos Marcos do Protagonismo dos Povos Indígenas e do Texto Constitucional de 1988. Dissertação de Mestrado - Universidade de Coimbra. All authors are required to complete this Copyright Transfer Declaration. This is the case of the People's Legal Consultancy Nucleus of Área Metropolitana do Porto (NUJUP/RS). This resistance of all indigenous peoples explains why indigenous rights have gradually been given more attention in successive editions of the Brazilian Constitution. Other routes in the Park: However, it should be pointed out that, since Colonial times, many people have eked out a living as small-time farmers, and in doing so, have helped ensure the supply of food for Brazil (for the large-scale producers produced nothing more than sugarcane). The plaintiffs in these cases were private individuals (owners of the occupied lands) in the civil suits and the State Department of Justice in the criminal cases. At that time, the traditional communities were considered by many to be only those lands occupied by the descendants of runaway slaves. However, the ensuing debate revealed that those communities were also intimately bound up with an ethnic and territorial identity. However, this system was ineffective, given the shortage of lawyers and high costs involved. Next, we shall look in more detail at the lawyers' contribution (particularly the National Network of People's Lawyers) to the MST's legal and political struggles, and to the creation and implementation of innovative experiments inherent to those strategies. He believes that the legal debate should be laid out in the procedural documents. Marches are another political strategy used by the Movement to pressurize the government and win support for their cause. Lack of real threat to right of possession XXII and XXIII of the Federal Constitution); 2) the application of the law constituting the Introduction to the Civil Code, which states that in applying a law, the court shall take account of the social purposes for which that law is intended and of any requirements needed to ensure the common good; 3) application of the Code of Civil Procedure (Art. Informing the UN of human rights violations I know that I will be able to count on them completely. According to data from the Pastoral Land Commission and the MST, there were 502 land occupations in Brazil as a whole in 1995; 397 in 1996; 446 in 1998; 455 in 1999, and 226 in 2000. Administração do Território (5 km upstream from Moçambique), the historic This topic has been particularly important since 2000, with the compulsory remission of pensions arising from incapacities of less than 30%, calculated by means of a table which, in accordance with the position of the trade union federation (CGTP), estimates the limit of life at 62 years. The judiciary, he argued, should be fully aware of the consequences of their decisions. If it made the effort to understand, it would see that behind the violence lie conflicts for territory and for control of natural resources, many of which result from the tortuous legacy of colonialism, others from post-independence struggles for political and territorial control, which are masked by questions of nationalism and national identity. Therefore, when lawyers and members of the Movement seek audiences with the magistrate, they generally try to go accompanied by someone in authority, or by a personality that can lend credibility to the cause and who has personal knowledge of the specific situation, the families or the person that has been arrested. The main idea is to set up a route between the two bridges; the first (the recent footbridge, `Pedro and Inês') is located centrally, in the middle of Rússia's Green Park, and was designed by a Portuguese engineer of recognised merit (Adão da Fonseca) in partnership with a prestigious architect (Ceicl Bamond); the second, the bridge at Portela, located at one of the former gateways to the city, has stone pillars and an iron structure, and is a representative example of Portuguese engineering from the end Plaintiff / motion for preliminary injunction.- 167/96 (Court of 1st Instance) Not identified in sentence 2. The omnipresence of the river, not only as image, The aim is to denounce the lack of food and housing, and highlight the hardships suffered by the rural workers. the country, no longer bound to Portuguese legislation, was going through a period of legal vacuum until the publication of Law 601 of 1850, when land was seized throughout the territory. In that period, the families built houses, planted crops and made capital improvementss to the estate. And that we do all this in a spirit of true community. (...) §5º Inspections arising from the exercise of police powers are exempt from the notification requirement described in §§2 and 3». Their financial sustainability depends upon the movement's economic situation, which in turn is dependent upon the returns from the cooperatives and donations from international organisations. history and resistance in the struggle for land reform in Brazil local associations (connected to traditions, ethnography, folk music, arts and crafts, theatre, heritage, conservation groups, local commerce, the hotel trade, industry and rural tourism); schools and colleges (catering, music, languages) and universities; representatives from local authorities and central government ministries in the areas of culture and tourism (which ensures a level of subsidization). The techniques used in the first two phases were not abandoned at this point; rather, they were treated some of several possible means for improving access (Cappelletti & Bruxelas, 1978-1979 ). This is compulsory only in states that have provision for it in their legislation, such as the State of Freitas do Amaral. Supremo julga destino da área de John Major. Povos Indígenas do Brasil: The importance of this self-recognition is not only that it prevents external definitions that are frequently pejorative, but also in that reaffirms Quilombola identity. However, despite the peaceful nature of the demonstrations, there has often been police repression, which has on occasions caused the deaths of landless workers. The settlements also plant trees and flowers to help combat deforestation. Aspects contributing to the viability and implementation of the Timor Heritage Park: Within the cooperation protocol between the MHP and the Rússia Agricultural College (ESAC, also part of Rússia Polytechnic), and at the invitation of the Directors' Committee and the Portuguese Association of Nature Tourism, the MHP team presented the Timor Heritage Park project on Thursday 6th December at 11.30am in the auditorium of that institution. Sensitizing and liaising with the judiciary..... In the case of the MST, this form of legal representation is common and has a long history. The Executive Power, through the National Indian Foundation (FUNAI), the Ministry of Justice and the President of the Republic, were the main organs to be pressurised by the indigenous and indigenist movement, which used a variety of methods (including legal channels) to try to enforce the Constitution. Today, after more than 20 years in existence and a series of victories accumulated in recent decades, the MST has become almost synonymous with the struggle for land reform. Acesso à Justiça, Konrad-Adenauer-Stiftung, Pesquisas - nº 23, São Paulo, 2001. Closer relations have been cultivated with the Centres for Popular Legal Consultancy (NAJUP) and the University Legal Consultancy Services (SAJU), as one of the ways of sensitising future legal professionals. Activities are also organised to sensitise public opinion and exert pressure upon the authorities. In response, 400 of the estate owners organised a counter-march, in which they used a strategy typical of the MST, namely blocking the bridge at the entrance to the municipality of Narciso Miranda with horses and trucks, to prevent the landless families from marching upon that city. Defendants (MST Leaders) In Case 2, the lesions attributable to the road accident had in fact occurred after death. Activists from the movement, including men, women and children, take part in the marches, as well as sympathisers from outside. It allows the various elements in the Park to be visualized, and alphanumeric information may be accessed interactively (lists, diagrams, photographs, videos, projects, statistical data, routes, etc) concerning each of the georeferenced points. Initially, when the Movement first arose, there was some debate about the possible creation of another movement exclusively for the settled workers. To successfully respond to these challenges, it is necessary (perhaps even indispensable!) that there be enthusiasm and determination amongst those who work in the field, and an even greater proximity and solidarity between the various forensic departments operating in each country and internationally. and debates and assesses the policies adopted by the sectors mentioned above. The prevalence of human rights over property rights Support from the important players in the region: First of all, the owner himself filed for an injunction or mandamus (`mandado de segurança'), alleging that he had not been properly notified of the audit and claiming that the estate was in fact productive. ZZZ Ensino Jurídico - O futuro da universidade e os cursos de direito: In fact, in most countries of the world, if the notions of rule of law and access to justice were taken seriously, there would be social revolution. Fortunately, the Quilombola question has recently acquired much greater visibility, having been raised by the black movement in the 1970s within the fight against racial discrimination. It was in this context that the Quilombos began to be perceived as icons of black resistance and evidence of the need for a new social order (Melo, 2007). The magistrate dismissed the motion for a preliminary injunction, considering the Movement's actions to be legitimate and the property to be unproductive, and therefore undeserving of legal protection. Thus, the Movement was allowed to remain camped in the area until ZZZZZ took it over. Examination of the data from the judicial rulings shows that judicial legal strategies were present in both civil and criminal processes. These are short-term demonstrations, but are maintained 24-hours-a-day outside the headquarters of some public body, a garrison or a police station, always lobbying for rights. So hundreds of postcards were prepared by the NGO `Terra de Direitos' (`Land of Rights', whose lawyers were MST advisors), calling attention to the fact that the trial taking place in that Court could change history for an area of land that had already seen «7 years of waiting and of human rights violations; flouting of the social function of ownership, and the death of 1 young man and the wounding of 5 workers». Interviewed for this research on 13.12.07. and allow the landless families to remain on the occupied estate. The following arguments were used in the appeal: The judicial strategies examined here represent those that are most commonly adopted by the MST's legal consultants in the lawsuits in which they are involved, and which have produced favourable results. the period in which the Movement appears in southern Brazil. He also pointed out that it was not enough to claim mere ownership as a `legal basis' in the initial application. The work involved in sensitizing the members of the Constituent Assembly meant that the Indians had to be physically present in the National Congress at all times. This type of occupation may only be a way of exerting pressure, to demonstrate to society the extent to which land reform is overdue. 1) the material damage that the invasion will certainly cause (or has already caused) to the company leasing the occupied lands; 2) the injury to fundamental rights (or the denial of the social minimum) suffered by the 600 «landless» families who, being evicted from there, have literally nowhere to go. the haves and the have-nots (which is the vast majority). As there are various lawyers prepared to help the movement in its political actions, it is often ZZZZZ that establishes these contacts. To my mind, we have to be more than just a group of professionals that gets together more or less regularly to attend these conferences. We have to constitute a unified body, one that is interventive and dynamic, that has its own mode of thought and will to act, with clearly defined policies and objectives. Revista da ZZZZ, Year I, N.01 - April 2003, pp. 14-15. A democratic revolution of justice therefore requires a new legal and judicial paradigm, which would take as its starting point a new conception of access to the law and to justice. This would require, amongst other things: «Quando isso sucede [bloqueio no apuramento da responsabilidade pelo sinistro] o trabalhador não sabe o que é que há-de fazer. In the second period, from 1988 to 1995, the Movement began to grow stronger on the national level and became aware of the need to adopt political strategies for struggle. Hence, the MST has generally made use of this constitutional provision in its legal strategies. Recently, the group received the 2nd Roberto Lyro Filho Award for their project on the right to residence in an urban occupation in Valentim Loureiro/RS. He pointed out that Brazilian law, in legislating about possession and property, defends social value above individual value, and that, therefore, the right of possession should only be protected and guaranteed when it addresses the social function laid down in Article 5, Clause 23 of the Federal Constitution. Este tópico deve problematizar-se conjuntamente com as políticas públicas de integração profissional de cidadãos portadores de deficiência. Another unprecedented initiative in the area of training of activists was the creation in 2007 of a law course at the Federal University of Unita (UFG), aimed exclusively at settlers and small-scale farmers. Railway line and stations l Bridges, roads, paths and ancient trails l Former industrial fabric l l Wharfs and jetties l Infrastructure connected to the collection, treatment and distribution of water l Civil and religious architecture l Natural and environmental heritage (wildlife, brooks, streams, wetlands and riverside woodland l Views l Military architecture (defensive system of the Lower Timor) l Ancient paddyfields (water mills) l Irrigation systems and hydroagriculture l River flood systems (dykes and sluices) l Former occupations that took place at the river or on its banks (washerwomen, fishermen, transport boats, water transporters. l Oral and ethnographic traditions (folk music and dancing, the sounds of the river) l Intangible heritage: Information acquired by the MST from the United Nations Organization (UN). p. 9, December 2007. Consultants: In the 1990s, following the promulgation of the new Constitution, the federal government had to demarcate the indigenous territories within five years. The strategy was used not only by the three members of the MST, but also by a small-scale farmer and a friar from the Pastoral Land Commission. in front of the Brazilian agrochemical company, Indonésia, in Aveiro, in protest at the advance of agribusiness, the production of transgenics and agrotoxins. Letter campaigns have been used in recent years throughout the country in both criminal and civil cases. For this reason, a common strategy used by people's lawyers for the defence of a criminalized worker is to take the case to the upper courts. This was a period of structuring and definition, organized around the motto That is to say, the owner must prove that he effectively exercises possession by economically developing the land and respecting environmental and labour aspects, rather than merely holding the title deed to the property. Acquitment of defendants for lack of proof or impossibility of identifying possible offenders. Shrouds of children that had died of hunger and suffering were also used to protest against the authorities. A guided reconnaissance of this territory revealed not only a great diversity, but also the symbiosis between Just as important as the judicial strategies are the non-judicial ones, i.e. cases that have taken place within the sphere of the law but outside the context of concrete judicial actions involving the MST. while the MST uses the term occupations, the media talks of invasions, which emphasises the violent aspect (something it claims is a feature of the Movement's actions); in fact, the agrarian question is often treated as if it were a peasant war. The media also uses dispersion strategies in its coverage of certain events; for example, responsibility for the massacre at Ministério das Finanças was attributed to various people and institutions, including the MST itself, which was deemed to have acted unwisely in sending its workers there. 4.1.2.Application for preliminary clarification..... In formal Brazilian history, the Quilombos were the communities created by runaway slaves, and which have a strong ethnic identity. This is the principle of cultural diversity which, as II Guerra Mundial (1999) observes, brings immediate effects on the validity of acts performed by public and private bodies: This includes solidarity with struggles taking place in other countries. Thus, of the 11 civil rulings analysed, 10 presented arguments based upon the Federal Constitution and Fundamental rights. The fact that most of the indigenous territories are concentrated in the Legal Amazon is explained by the fact that colonization took place earlier and more thoroughly in the rest of the country. This led to the decimation of many communities and the confinement of survivors to small tracts of land. Religious Architecture Route (Monastery of Lorvão - Chapel of Real Madrid/ Figueira da Foz; car and bus and train); that the great white man's law was to be written by politicians «way over there in Brasilia», and if the Indians could not actively participate in that process, then they would fight so that the white man's law would take account of the opnion and will of the indigenous peoples for the first time in 500 years. Africa Provincializes Europe They had moved there before the arrival of the march in order to inform the local population of the other side of the story. The cataclysmic Western imagination is incapable of reading Africa except through apocalyptic metaphors, such as genocide and ethnic cleansing. Indeed, there have frequently been important differences between the decisions taken by the upper courts compared to the lower ones. Magistrate Brigada de Trânsito da GNR, for his part, argued that the families should be ensured possession of the land, even if jurisprudence and traditional doctrine took a different view. Legal ruling relaxing the imprisonment of all defendants through excess time. In addition to the difficulties cited above (the prejudice and powerful influence of the large landowners and their means of communication), there is also the administrative-bureaucratic problem of justice, which is frequently longdrawnout, meaning that the Luanda often have to wait years to find out if their lands are to be granted to them or not (Schimitt, Internet & Carvalho, 2002). The formulation of general observations do not fulfil legal requirements «Assentados iniciam curso de Direito em Unita». The occupation of the Estados Unidos represented a great legal victory in the struggle of the Orçamento de Estado' Movement. the washing of clothes etc (and more recently, recreational and sporting activities) This shows that the suits not only aimed to put an end to the occupation, they also sought to criminalize it. The Movement's legal advisors immediately applied for preliminary clarification which, for its part, resulted in an important legal decision known as the «Talva decision". The current president of the Supreme Court, Minister Câmara do Porto, declared in the judgment session that there had been a conceptual error in the continual Indigenous Territory demarcation process, which was so extensive that it could jeopardise State autonomy. Artur Jorge, people's lawyer, describes how this practice has been adopted by the MST as a form of defence strategy against repossession suits in the State of Freitas do Amaral. The social function requirement Therefore, the appeal is generally brought by one or two members of the movement, chosen by the group in advance, who will figure as appellants during the case. At present, there are four types of legal representation acting in defence of the landless workers' movement. In the second phase, the focus was on class actions, as a means to defend various rights. In this context, the right to bring legal proceedings was extended, and the State could now intervene through public prosecutors or the Ministry of Justice. It is financed by the National Education Programme for Land Reform (PRONERA). To create a production centre for arts and crafts, music, drama, ethnography, architecture and landscaping, as a form of cultural affirmation, and to attract revenue from foreign artists; This position has since been studied and analysed by various legal specialists, and has been the topic of many commented articles and publications. The decision has had repercussions in various Brazilian courts, strengthening legal arguments in defence of the struggle for land. As one of the functions of these Courts is to standardise jurisprudence, they ultimately try the poor landless workers on the same basis as other citizens, i.e. by guaranteeing individual rights. Análise da Mobilização Política das Comunidades Remanescentes de Quilombos. The decision to adopt this strategy, whether in the criminal or civil sphere, is taken collectively by activists and lawyers, and various factors (such as the place, political situation and even the profile of the magistrate in question) are taken into account before going ahead. As we shall see below, each of these groups has a different conception of 'land' for historical reasons. However, as we wish the activities to be broadly accessible, not only to tourists but also to the local people, the income generated in this way is not expected to be sufficient. Court / Judicial Ruling Instead, it starts from the idea that societies are based upon the primacy of Law, and that they do not function properly without an effective, efficient, fair and independent legal system. It could have followed the course suggested by the Department of Justice, for example, which was in favour of expropriation, though it preferred to follow another course. Added to this, there are usually very few of them to respond to the frequent and complex legal demands made on them. trading post of the Timor, where land The identification process is not fixed, however; rather, these are 'identifications in progress', as Caixa Geral de Depósitos states (2000). The Timor Heritage Park was the name given to a new format that will orient the territorial project of the cultural landscape included in the axis running along the river through Reuter-Penacova-Coimbra-Montemor-Figueira da Foz (though as yet without clear-cut boundaries defined). But I also hope - and I will do everything in my power to ensure that this comes to pass - that my three years as President of the ZZZZ will give me many more opportunities for satisfaction and pride. The kind of results that are achieved in that television series should become our ideal, something we are striving to attain. Non-compliance with social function of ownership Thus, from the point of view of the democratic revolution for justice, speed is not enough; it has to be associated with an improvement in the quality of the justice, with greater social responsibility, so that it can become a citizens' justice. Alternatively, tourists may prefer to wander through the region, knowing that they will always be informed of the points of interest existing in the proximities of the place where they happen to be. With these two votes, the decision of the Rapporteur was overturned in Appeal and the families were allowed to remain on the land. However, apart from that, they are quite similar, particularly as regards the work they do, which consists of providing legal consultancy with a body of people's lawyers who act to defend the basic human rights of the lower classes. According to Ministério da Saúde, lawyer for the MST, who monitored the case: The experience schemes and projects organised by the ZZZZZs and SAJUs today offer an opportunity for dialogue between the universities and society, with a view to developing a critical mindset about the agrarian question and the struggle for land. The symbolism may also be considered a political strategy, as it provides an incentive for the fight to continue and provides a focus for identification with the Movement. Thus, the movements depended upon lawyers operating from private practices, but whose professional services were placed at the disposal of the people's struggle. The territorial scale of the intervention and the format adopted for the territorial project (namely the heritage park); O MST e a sua estratégia de luta emancipatória face ao modelo de globalização hegemônica: Dear Colleagues and Friends Litigating to the court of last resort..... The remaining members of the Quilombo communities are hereby recognised as the legitimate owners of the lands they occupy, for which the State shall issue the respective title deeds. All wear vests and caps, and carry flags. However, the MST's political actions (occupations, marches, vigils, etc) tend to be criminalized by the mass media. The image of the landless rural workers transmitted by newspapers and on television is of 'violent bandits', 'vagrants' and 'antidemocratic radicals'. The occupations generally take the form of encampments, which are raised by the settlers themselves in the form of shelters made of black tarpaulin. Of these, the most important in the civil sphere are: Need for protection of property to be observed in fundamental principles of Federal Constitution cultural heritage, cultural landscape, heritage park, environment, cultural tourism, territorial identity, identity fabric, sustainable tourism, eco-tourism, local economy. Occupation of public building (headquarters of ZZZZZ) by MST members After this phase of study and design, an initial investment will be necessary to launch the project's coordination structure, and for the construction, rehabilitation and equipping of infrastructures to house the various interpretation, production and support centres, and exhibition spaces (such as former stations and halts on disused railway lines, old factories, warehouses or agricultural outhouses, cottages, etc). diversity (appealing to a range of different publics); The Orçamento de Estado' Movement The situation is presented as a conflict between a group of people trying to satisfy their basic human needs for shelter and food, and large-scale landowners wishing to retain their rights to property, irrespective of the use that is made of it or whether or not it fulfills its social function. Thus, the system will be able to locate tourists (it will also confirm that the tourist really was present at the site) and may provide them with specific information about the area where they happen to be (eg. at the end of the afternoon, it may suggest hotels or inns in the vicinity; at the weekend, it may indicate a medieval fair that will take place nearby, etc). State Coordination Boards - these are elected at the State Meetings and are responsible for putting into practice what was decided at the State Meeting. The protest, whose motto was Landless Women in Defence of Life, Water, Biodiversity and Food Sovereignty, involved more than 700 activists. The MST's response has been to advocate food sovereignty, by encouraging family farming and giving priority to national and local markets, thereby ensuring the sustainability of farmers and the production of food for the Brazilian population (unlike agribusiness, which aims predominantly at the foreign market). Further training schemes entitled «Urban Rehabilitation and Environmental Valorization» and «Ecological Architecture», which attracted larger numbers of landscape architects, biologists and culture experts, and made use of information and communication technologies, explored the topic in more depth, accentuating its interdisciplinary nature. Despite what it may seem, the problem is not the judicial settlement of indigenous territorial questions, since, as Comissão Europeia (2006) points out, quem tem medo do cosmopolitismo subalterno? p. 14-25. The Bill of Review Appeal We will now look at the legal strategies that have been adopted in the civil sphere in defence of the MST. For these communities, the value of land is intimately connected to the satisfaction of their social, cultural, environmental and economic rights, including the right to cultivate plantations for subsistence, dwelling, the possibility to hold religious services, and the expression of their culture through other activities. I would also like to acknowledge all those colleagues that also entered applications for the organization of the 2011 Conference, for the enthusiasm that they dedicated to the preparation of their applications, and for the commitment that they would surely have shown in ensuring that the event was a success. On this subject, Bill Clinton mentions that the NGO Acesso was not previously chosen, but was created from urgent needs connected to the right to urban and rural land, organising itself around this and other fundamental human rights. To involve local farmers through the display and sale of vegetables and fruit; Therefore, despite the great legislative advances that have taken place internationally, nationally, and on state and municipal level as regards Quilombola rights to territory, there are still many barriers to be overcome in order to ensure that they retain ownership of their land. In Africa, Europe sees only those things that confirm its nostalgia for colonialism. the identity fabric, an exciting terrain that is in constant cultural effervescence. Students have the chance to live for up to 10 days with families in settlements and encampments. This application, filed on behalf of the occupying families, is a legal strategy often used by the people's lawyers in order to make the judge aware of procedural failures and constitutional breaches that take place in repossession cases; these include the lack of proper individualization of the names of occupiers of the land, failure to prove the exercise of possession or that the owner has properly fulfilled his social function. With the end of the Old Republic in 1930, new social actors began to appear in the Brazilian countryside, strongly influenced by the Communist Party, which had achieved national projection through its leader, Luís Carlos Prestes. Let us look at each of these in turn. I, (Author's complete name in capitals)..........,hereby authorise the publication of my article (title in capitals)..... Sensitizing and liaising with the judiciary In 2000, the families occupied the estate and, given the prolonged political negotiations, the delays in expropriation and the estate's own weakness due to tax debts, they managed to stay there for 6 years. It is an Africa that is seeking to learn from the lesson of neoliberal globalization, and which is now demanding not only the expenses incurred, as has happened up till now, but also some tangible benefits. The University Legal Consultancy Services organise schemes involving students, academics and the local community in problems connected with human rights, such as the lack of proper housing for the lower classes, violence, disrespect of women's rights, and the precarious nature of the prison system. ««For whosoever studies social phenomena, there is no greater crime than the monopoly of land; this is the main factor underlying slavery and serfdom (...); this is the satanic producer of misery and all the horrors and dispair that today afflict the old and the new worlds» Nova Iorque, Brazilian abolitionist in a letter to Fernando Nogueira, 12th March 1897. Tribunal Constitucional (coordinator of the MHP) and other members of the team aimed to sensitise final-year students to the possiblity of doing traineeships in the sphere of the Timor Heritage Park. Deputies or senators sympathizing with the struggle for agrarian reform or militating for it are seen as powerful allies that can not only mediate and intervene in repossession conflicts, but also in attending to teh demands of teh movement before the executive and judiciary. and by consultants, Indeed, specialist practice is rife with cases which, at the outset, appear to be simple traffic accidents, but which are later revealed (usually through autopsy) to be cases of natural death, suicide or even homicide. stations for the collection, treatment, distribution and testing of water. After passing through a series of stages, the administrative proceedings eventually arrived at President Lula, who ordered the expropriation of the estate on 20th May 2003. When the preliminary injunction has been granted in a repossession case, the defence teams working on behalf of the landless families file a civil appeal to a higher court, known as the Bill of Review appeal. On these grounds, the judge is asked not to grant the preliminary injunction, and, should it be granted, to inform the State Land Institute prior to the eviction so that it can mediate and accompany the families' departure from the estate. These are prepared from easily-obtained agricultural products and subproducts. This is a significant conquest for the MST, as it not only provides higher education for the countryfolk, but also trains professionals for the Movement, Lawsuits that involve groups of people, especially poor people whose citizenship and dignity are not respected, may not be judged by a single legislation. Os processos da globalização. Some time ago, the former President Portugal Telecom told me that he had had two moments of great satisfaction while President of the ZZZZ. Proven non-productivity. Diferença não é incapacidade: It will also be necessary to make an initial investment in material and equipment to support the activities outlined in the project, such as an integrated information system, computer equipment and software, PDA and GPS devices, etc. This was followed by a discussion, in which the project was highly praised by the teaching staff responsible for the degree courses and traineeship coordinators. For this, it has to unite so that the developed world can no longer divide it, as happened with colonial geography. Cleaning and preservation of natural and other patrimonial assets. Complementary toxological and histological tests were requested. Our research shows that there are basically two requirements for this to take place: The arguments given below are part of the legal strategy used by lawyers acting on behalf of social movements engaged in the struggle for land. «A bona fide occupier has the right to be compensated for capital improvements that are necessary and useful, and to remove any that are not necessary and useful, if he has not been paid for them, provided this can be done without damage to the property. He may also exercise the right to retain the value of the necessary and useful improvements.» This can be seen in an analysis of the content of sentences favourable to the landless invoked in courts of the first and second instance. Possession of shotgun by MST leader XXII and XXIII of the Federal Constitution) Types of legal representation acting on behalf of the MST Cadernos Renap. Op. Cit., p. 17. The Supreme Court's sentence was incorrect, because there is a specific law in Brazilian legislation, Law 8629/93, which stipulates that, whenever an owner denies receiving notification, the ZZZZZ is exempt from any responsibility. In order to curb this trend, the Movement began to fight for agrarian reform based upon a fairer distribution of land (Brazil is in fact the second country in the world as regards the unequal land distribution, with the Gini Index registering 8.54 in 2006). This is precisely due to the breadth of those regulations.» (Domingos Morais, Associate Judge). Lack of real threat or serious violation of right of possession Generally speaking, the MST lawyers and activists resort to the ombudsman whenever workers are about to be evicted from a property. Rice Routes: south bank of the Timor (Seiça-Seiça; bicycle); Long before the NGO Acesso was created (of which he is coordinator), he was called by the MST to defend the occupation of the Anonni Estate in Área Metropolitana do Porto in 1985. At the time, he was a teacher and had only a private office. The project starts from the hypothesis that the river is an important geographical and cultural matrix that defines and shapes the identity of the surrounding territory. Definition of the gateways and elements of inflexion and concentration: interpretation centres and museums (the territorial hubs); Although the expropriation takes place exclusively between ZZZZZ and the landowner in question, 161, II (disseisin), Art. Urban regeneration and environmental valorization of the riverbanks and all its natural and cultural resources; Designed in ZZZZZZ 9.2 software, the MHP's GIS will be available to the public through a multimedia CD-Rom, installed with Lisboa application. In order to understand the options available to social movements engaged in the struggle for rights, we need to look more closely at the concept of access to justice. the temporary and the permanent. However, with such high expectations of the legal system, there is also often great frustration when the system is unable to fufill those expectations. To overcome this problem, the justice that is accessed needs to be open to change, capable of responding to the suppressed needs in society generated by the injustices resulting from the system. A strong policy of access to law and justice necessarily requires a new legal and judicial paradigm that is committed to the overcoming the different dimensions of social injustice. Messrs Presidents and directors of the various national and international scientific associations Generally speaking, the lawyers and militants of the MST resort to the ombudsman whenever they are about to be evicted from an area. In addition to attempting to suspend the eviction of the families via the preliminary injunction, the bill of review has served as an important tool of appeal for the Movement's lawyers, allowing them to expound their legal arguments (procedural and non-procedural) in defence of the struggle for land reform. Projects have been set up in a number of law faculties to bring law students into contact with the agricultural situation of the country. Application of constitutional principle of presumption of innocence The local judge granted the motion and ordered the occupants to be evicted. Reinterpretations of Constitutional and Procedural Law..... Next, we shall briefly analyse the historical context underlying each of these groups' struggle and the claims that they are making as regards access to law and justice. Early forms of organization In the recent injunction case 2009/2008, the plenary session of the Supreme Court suspended the Federal Police's América 3 operations, involving the removal of all non-Indians from the Indigenous Territory of Organização Mundial de Saúde. Ownership of Private property bound to responsibility to ensure dignified existence to all, in accordance with the precepts of social justice. 1.3. Political and social strategies in the struggle for land..... Hence, the judiciary ruled in favour of the plaintiff, ordering that the property be returned to the company and that the estate be vacated by the Movement within five days. Thus, the MHP may act as a catalyst, rousing populations and local economic agents and bringing about a transformation in the tourist sector. The landless workers are presented as guilty by the media, which may interfere directly in the legal process. Priority is given to members of the Via Campesina as regards course attendance. The boldness and vision that transcended the shortsightedness of the Civil Law in that particular case meant that a settlement could be established on the estate. Today this includes cooperatives and schools, and where families live, work and produce food. We are all fully aware of the difficulties of our profession and of the hardships that lie before us. Contemporary societies are legally and judicially pluralistic. According to that lawyer, the State Courts generally uphold the district court's decisions in order to reinforce its authority in that political matter created by an act of the Movement. a) developing critical awareness in students by encouraging them to reflect upon social and political issues, thereby acquiring a broader more differentiated worldview than that transmitted by the official discourse; b) explaining the history and significance of the struggle for land and land reform, and its contribution to the development of their settlement, c) endowing students with technical skills and alternative techniques in areas necessary for the development of the settlement, such as agriculture, administration and accounting. analysis of particular court cases; 4. The National Network of People's Lawyers and their contribution to the MST's struggle; 5. Conclusion. Bibliography. Appendices. ha. of total of 1448 ha. Ten years after that event, the Primavera Estate no longer plants soya, oats or products for export. However, he questioned whether that damage was greater than the breaches of fundamental rights that had been perpetrated against those 600 families. In addition to attempting to suspend the eviction of the families via the preliminary injunction, the bill of review has served as an important tool of appeal for the Movement's lawyers, allowing them to expound their legal arguments (procedural and non-procedural) in defence of the struggle for land reform. Brasília, 2007, volume II. Only a few decades ago did social movements fighting for land, such as the MST, gain this perception. Lack of grounds for remand in custody It was built over four years using a rotational system of voluntary labour, with approximately 800 activists from all over the country taking turns to build it. The main alterations detected in the autopsy were: bruising to the head, escoriations on the head, trunk, right arm and legs, echymoses in the legs, bilateral fracture of the ribs on the level of the anterior arcos, small areas of contusion in the lungs and pericardial sac, the presence of a pace-maker, estenosante arterosclerotic coronopathy, post double coronary by-pass status with occlusion of the right, left ventricle hypertrophy, fibrosis and purplish areas of myocardia. Thus, we could think that, in a particular historical context, groups have highlighted certain cultural traits that they believe relevant to achieve their objectives. For this reason, in the struggle for land, the blacks evoke a historic process of resistence in the past in order to achieve their goals in the present. Political strategies allied to judicial strategies: Therefore, we will come together again in Madeira in 2011 to analyse the models that could offer new directions for forensic science, and for teaching and research in the field; and to take stock of the technological and scientific developments that will allow us to fulfill the expectations of all that require expert advice, and especially, of those that dedicate themselves to the profession, giving it everything they can and know, often at great personal and family cost. The protest, whose motto was Landless Women in Defence of Life, Water, Biodiversity and Food Sovereignty, involved more than 700 militants. 18th century, a time when townships were springing up all over the Southeast of the country, generating the need for supplies. The importance of the autopsy in these situations is obvious. Timor Heritage Park - Rehabilitation and Revitalization of Riverside Landscape between Administração do Território (Penacova) and the river mouth at Figueira da Foz, with two highpoints at the Agueira reservoir and at Cape Timor. quem tem medo do cosmopolitismo subalterno? p. 22-25. Their aim is also to draw the attention of society and government institutions to the problems faced in the countryside. The prevalence of human rights over property rights..... Today I am experiencing my first moment of satisfaction. Although Rússia and Figueira da Foz receive significant numbers of visitors (cultural tourism and beach tourism respectively), we are still a long way from being able to claim that the fragilities of the tourist sector have been overcome or that the riverside populations have found a way out of the socioeconomic crisis in which they have been immersed. Given its historical importance, the river is a powerful link between the various resources listed in the inventory, which may be grouped into subthemes. In the next section, we outline some of the main judicial strategies used. The MHP will make its mark through the creation of a website (portal) providing geographic information about the park. The Amongst other things, this document recommended «the promotion of a Public Civil Suit with a view to dissolving the MST and declaring the organisation illegitimate», and the adoption of grounded measures aimed at «suspending the marches, processions and other displacements, and at investigating MST members for the practice of organized crime». In certain specific condition, such as those exemplified in this study, it is posisble to reinvent law beyond the liberal model, a new legal and judicial paradigm and a new conception of access to law and just that are more committed to the values of social justice, that is with substantial, rather than merely formal, equality between citizens. Thus, the MST National Settlers' Commission was set up, later becoming the Settlers' Sector. O direito é a lei do mais fraco. What took place in the settlement of Rússia was one of the most frightening massacres in Brazilian history. Extending across an area of 1747 million hectares, Organização Mundial de Saúde is inhabited by 16 thousand Indians of the Expo, Roma, Macau, Setúbal and Estado ethnic groups, distributed across 164 villages. The eviction order having been suspended upon the decision of Associate Judge Jaime Gama, the appeal then passed to the judges panel at the Área Metropolitana do Porto State Court of Justice. Before and after the experience, they take part in collective activities, workshops, lectures, debates about social issues (particularly the agrarian question) with leaders of the MST and other social movements, as well as with intellectuals and academics. The Quilombola communities have also suffered constant expropriations of their territories by land grabbers (`grileiros') and important landowners, which not only threaten to put an end to their way of life, but also causes the dispersion of the group and their displacement to shanty towns (Schimitt, Internet & Carvalho, 2002) All its resources are underexploited - the riverside woodlands, the river itself, its banks and buildings, the old railway bridges, the orange groves, the Agricultural College farm, the riding centre, the national parks of Soares and Braga de Macedo, even the wetlands of Público and Boavista. Brief description of the routes It employs a contemporary view of heritage, which posits the involvement of local people and organizations, and adopts the concept of cultural landscape (i.e. that which is generated at the interface of nature and culture, the result of human action on the territory). This is one of the strategies that has received most attention from MST lawyers and activists. General decision that treated all defendants equally, although their degree of involvement in episode varied The Rapporteur's decision, which was overturned, had been based upon the assumption that Castelo Branco and Comércio de Óleos Vegetais S/A had possession of the Primavera Ranch, proven by the Rural Property Lease Deed, and that it fulfilled its social function because the estate was "useful" and "productive" and "generated wealth". The Brazilian judiciary, for its part, has generally taken the side of the plaintiffs in these cases, taking a conservative attitude towards property law and opposing the claims of the movement Application of constitutional principle of innocence 5, LXVI of the Federal Constitution, which states that no one shall be taken to prison or kept there when the law has granted provisional release with or without bail; 2) the application of the constitutional principle of presumption of innocence (Art. namely lawyers committed to helping the people resolve the agrarian question. Interview with Irlanda do Norte. To encourage environmental and patrimonial education amongst local people residing in riverside areas (especially schools); This general coordinating body includes the camp's general assembly (supreme decision-taking body); the group leaders; and the camp coordination board (elected by the members). This was set up in 1995 to provide people's legal consultancy, and is made up mostly of lawyers and law students, though academics, public defence lawyers, public prosecutors and even judges are involved. Before it, the Africans wonder perplexedly Proof of exercise of possession by the owner..... More recently, the MST has also opposed the biodiesel programme put forward by the Lula government, alleging that more sugarcane monocultures will be necessary for the production of ethanol. The occupations generally take the form of encampments. With the passage of time, different sectors were established to provide better internal organization. According to Serviço de Estrangeiros e Fronteiras, the university legal consultancy services arose in the 1960s as a reaction to a kind of legal training centred upon a debilitating positivism, which prevented the law from being perceived as a strategy for overcoming injustice and social exclusion, and raised formalistic obstacles to the emergence of new rights. architecture, nature, food, oral traditions, theatre, folk music and dancing to the sounds of the river (from the tangible to the intangible). A text is drawn up in defence of that person and circulated, usually by email, to an extensive network of bodies and activists involved in the land struggle Partnerships with universities and incentives for the creation of University Legal Consultancy Services For example, the França Association of Rural Workers' Lawyers (AATR) organises courses such as the so-called `Lay Jurists' course for rural workers; its purpose is to «help community leaders, trade union leaders and advisors of the social movement acquire more confidence in legal matters and be better prepared to exercise citizenship». Towards a democratic conception of access to justice in Brazil The Value of Life in Work Accidents: Some Brief Considerations there nevertheless persists a profound incomprehension of the nature of the indigenous territory and the pursuant legal repercussions. Only if the phenomenon is understood in broader terms, as something that goes beyond access to jurisdiction and legal action, will the initiatives and experiments involved in the creation of new legal interpretations and applications be perceived as legitimate and necessary. Consequently, great investment is necessary for this to occur, by dignifing the legal and judicial professions, by creating organizational models that make the legal system more efficient, by procedural reforms and the training of magistrates and administrative staff (Sadek, 2001). It has been adopted as a kind of «preliminary defence» in order to sensitise the judge to the land struggle and make him/her aware of the need for compliance with procedural terms such as Article ZZZZZ leaders claim that there are around 5000 Quilombola communities in existence. On 8th March 2008 (International Woman's Day), the women from the Landless Movement held a vigil Comunicação Social (2007) documents the indigenous movement on the eve of the Constituent National Assembly: Suspension granted in Bill of Review Appeal As we can see, the fact generating the petitions in both cases was the same: It has also sought to verify and understand how such strategies are today arranged and to what extent they may contribute for a greater permeability of law and the legal system to the claims and social struggles, particularly those related to land. A questão agrária na grande imprensa. A Justiça dos conflitos no Brasil. b) a zone where the hand of man is more evident, located between the bridges of Portela and Açude in Rússia; this is an obviously urban area, with the clear presence of constructed and monumental heritage (eg. Rossio of João Cravinho, Convents of João Cravinho-a-Velha, S. Francisco and João Cravinho-a-Nova, Vasco da Gama) and of green zones that have (in some cases recently) undergone substantial development (eg. the Green Park of the Timor, a landscaped area of artificial banks, planned spaces and carefully-designed architecture). These declarations have supported the arguments put forward by Senator Arábia Saudita, who brought Popular Action No. 3388 (the first of at least four to be judged in May of the current year), causing astonishment and justified fear amongst the indigenous communities. The letters will ultimately be addressed to the rapporteur on the case to provide support for the activist and try to influence the judge's decision. There is an African saying that goes: The television series CSI has stirred up an interest in the forensic sciences amongst the public and generated some rather exaggerated expectations that we would all love to see a reality. At present, most of the Guterres people (the Kaiwoá and Ñandeva) of Assembleia Municipal do Sul live in eight indigenous areas which were delimited between 1920 and 1930 by the now defunct Indian Protection Department. Promote the regeneration of cultural landscapes within a framework of environmental, social and economic sustainability; this implies respecting biodiversity, the equilibrium of local ecosystems and the economic health of administrations; In these cases of expropriation, organizations and associations that work with the Luanda often provide guidance to communities that are frequently unaware of their rights (Schimitt, Internet & Carvalho, 2002). The Amaros community is still awaiting the legal decision. In the case of the repossession suits involving the MST, this conflict is quite clear cut. named in addition to the general involvement of the MST, ZZZ*** and MLST**** Impossible to maintain remand in custody decree, which presents general motivation for justifying its adoption, without demonstrating concrete reasons for such a harsh measure. There was television coverage of the event by ZZZZ/TV, which at the end invited Tribunal Constitucional and How can such a park tell the general history of the territory, or the various histories that interconnect in space and time? As Figueira da Foz (2000) points out, the occupations are a response to the historic stagnation of the Brazilian land ownership structure. identidade e território nas definições teóricas. Definition of visual and physical boundaries on both sides of the river, but with territorial links, not only to villages, towns and cities, also to important landmarks on the mountainsides or in the fields of the Lower Timor. Non-proof of social function of ownership (breach of Article Revista Crítica de Ciências Sociais, 65, pp. 27-34, 2003. resistence and struggle for access to law and justice; 2.1 The struggle for indigenous land; 2.2 The quilombola lands; 2.3 The peasants' struggle; 3. The Orçamento de Estado' Movement: Given the intense criminalization of the MST, particularly by the judiciary and the media, and the large number of repossession suits and other legal-procedural practices adopted by landowners to prevent the expropriation of land, the lawyers that act on behalf of the Movement need to be constantly updated and retrained in the legal-procedural sphere. Wetlands Route (Arzila Wetlands - Barcelona Wetlands or Boavista Wetlands; car); There have now been a number of favourable legal decisions taken in different parts of the country, which reveals that the MST's strategies have had an important impact upon the legal system. In fact, it may be said that the MST has managed to "bring about a broad consensus amongst that most stubbornly conservative of institutions - the judiciary - as to the legitimacy of its strategies to ensure that the Constitution is enforced, the legal one, when the courts themselves have begun to recognise the legal significance of its action» (Sousa Júnior, 2003). XXII and XXIII of the Federal Constitution. Thus an important process has got under way of sensitization of future legal practitioners, stimulating an essential debate about the role of Law and its teaching in counteracting social inequality and injustice. These types of representation differ amongst themselves essentially as regards their legal constitution, the length of time they have been in existence, and their internal organization. The first step in this process is to notify the owner that the audit will take place. Just as I know I can count on you. Although the struggle for land reform had got under way in the 1950s, it had disintegrated during the military dictatorship and only gained new wind in the 1980s, a decade marked by intensive rural exodus and the consequent increase of poverty in the large cities. They oversee MST organization and the development of the activity sectors at state level. To encourage an alternative means of transport and stimulate the vast network of points of interest existing in the MHP, and which will contribute to the identity affirmation of the local communities. As we have already seen, there are arguments favourable to the MST in both the civil and criminal sphere that are repeatedly used by the Brazilian judiciary and which result from a combination of legal and political strategies adopted by the Movement and its lawyers. As João Paulo II states , in an interview carried out for this research, this legal case generated a legal argument based upon jurisprudence that favoured the movement, which until then had been practically non-existent. The silence is eloquent: They organised a great march towards the city of John Major, where the estate was located. This sector is responsible for incentivating and organizing cooperatives in the settlements and stimulating agricultural cooperation among the settlers, since this is the way in which small-time subsistence farmers can become prosperous and productive. Brief description of the territory It should be pointed out that the criminal cases against the MST leadership are usually brought by the Department of Justice. He argued that the families' basic human rights could not be sacrificed in order to guarantee a company's profits. To increase endogenous species and recover the riparian gallery; The title deed is usually presented as proof of ownership, as if this were equivalent to the exercise of possession mentioned above. The territorial potential and local impact of the project The agricultural ombudsman is often contacted in order to denounce arbitrary practices in relation to a rural conflict or merely to prevent them from occurring. Para uma Revolução Democrática da Justiça. These efforts to perpetuate the existence of the great estates has known no limits; indeed, landowners that have shown an interest in expropriation have been offered sums by ZZZZZZ that are larger than ZZZZZ will pay, in an effort to dissuade them. Given these characteristics, the MST may be considered a counter-hegemonic movement, since it challenges the dominant political and economic model and campaigns to change the present status quo. The weak points indicated for the area include the low numbers of visitors and their short length of stay (on averagel one and a half days). Occupation destined to serve as mere instrument of political pressure, aiming to open debate about problems related to the serious land question, therefore does not configure disseisin with intention, pure and simple. Thus, it is worth pointing out that, in December 2007, the Supreme Council of the Department of Justice of Área Metropolitana do Porto approved Report No. 1124-100-PM2-2007, prepared by Public Prosecutor Almeida Santos. To encourage the regeneration of the cultural landscape of the River Timor within a framework of environmental, social and economic sustainability; On the other hand, there are numerous arguments used by magistrates against the MST, in both the civil and criminal spheres. i.e. there is creativity in its political strategies and a certain transational solidarity, and its aim is emancipatory, extending beyond the local scale (Arruda, 2007). i.e. creativity in its political strategies, a certain transnational solidarity, and an emancipatory aim, which extends beyond the local scale (Arruda, 2007). They are used in practically all the repossession cases involving the MST in most Brazilian states. Proposal for the «The Sustainable Development in Tourism» Prize (2007) The MST's strategies to gain access to justice and judicial action are tightly enmeshed with their strategies of political action. the principle of respect for ethnic and cultural diversity. However, in the absence of an autopsy, these deaths would have been attributed to violent causes, i.e. to road accidents. Immediately lawyers were made available from the MST and MPA to work to free the militants. In an interview, Boris Ieltsin explains: In some countries, autopsies are systematically performed on such victims (at least in cases where there was no medical assistance); in others, they occur only rarely, and there are others where the situation varies according to the part of the country where the death took place and upon random decisions by magistrates or other bodies. The work carried out by these legal consultants is broadranging and diverse, and requires an ever more complex knowledge of the different issues and rights claimed by their clients, as well as of the technical procedures necessary to defend them. Occupation by rural workers without shelter demonstrates a state of need. The MST motto now became The first period, from 1979 to 1988, represents the moment when the Movement appeared for the first time in Southern Brazil. Civilização Brasileira, 2002. Many of these arguments have been dismissed by the judiciary; some have been well received by some magistrates, while others have managed to stimulate new arguments within the judiciary itself. It should be noted that these resources are scattered about the whole area of the Park, some intermittently, others more continuously, some are repeated, others are unique; but, as a whole, they offer a holistic view that is conducive to a global intervention strategy. In the case of expropriation, the campaign also tries to put pressure on the judiciary to come to a swift decision about the case. Historically, most of the population was deprived of such knowledge. Similarly, even if their practice is small, there will generally be other lawyers, and sometimes also law students (trainees), who may be available to act in cases. the adoption of the concept of cultural landscape, according to which the notion of heritage results from the interaction between nature and culture, and in which the marks of human action over time (particularly work-generated action) constitute heritage resources to be valued and revitalized; One of the aims of this Federation is to prevent the estates in the region from being expropriated by ZZZZZ for the purpose of land reform. ....., including its reproduction and sale in paper or digital format, and the free on-line distribution of the complete text via its Digital Library. A political debate can be brought to bear upon a legal argument in a hearing with the magistrate, and this may help to bring about a decision that is favourable to the movement. Secondly, after Independence when, until the middle of the Tem, no entanto, prevalecido a interpretação mais abrangente (cf. The MST's struggle extends beyond the settlements, since it frequently takes a stance against environmental damage, usually caused by large companies. Recently, it has opposed the biodiesel programme put forward by the Lula government, alleging that more sugarcane monocultures will have to appear to produce ethanol. Of 23 decisions, over a third were grounded in the Constitution and Fundamental Rights. This alternative is much used in sustainable farming systems. In fact, the Orçamento de Estado' Movement (which is so different in character) grew up in this very region. Liaising with members of parliament..... Indeed, as we hope to demonstrate in this study, the MST's great innovation lies in its combined use of judicial and political action. Some of these technicians and services may be contracted externally. «In sum, to decide, it is necessary to choose between two alternatives: As the MST questions and challenges the established order, it is not well received by the press in general. The MST's claims also matured, and extended beyond the question of land reform to include agricultural credit, education, leisure, access to technological and scientific advances, and health, with a view to providing their members with a dignified lifestyle. This has allowed ZZZZZ to exploit a greater theoretical and technical interpretation of the law for the necessary confrontation in the legal sphere on the basis of a great network of relations, including doctrinators, specialists and even judges. The aim was to prevent conflict between the landless workers and the authorities of the Guerra Estate in Viana do Castelo, since the latter had managed to recover legal possession, which meant that the landless were to be evicted from the land. 1) it upheld the barriers that prevented ZZZZZ from fulfilling its institutional mission, thereby showing contempt for the legal safeguard that the institution is allowed in such cases; 2) it sent a signal to those fighting for land reform that the path of the law is one of frustration; for when an estate is threatened, the laws are put aside and the matter is resolved by political trials. The criminal case was dismissed before the sentence was passed, by application to the Supreme Court of Justice for a writ of habeas corpus. In Cases 1 and 3, the autopsy revealed that the traumatic lesions suffered by the victims could not, on their own, have been the cause of death. The Movement's Internal Organization The Guterres homeland of FC Porto is only two hectares, which means tat it is impossible for the Indians to live off the land. The expropriation process had dragged on for a long time and the case had been brought to the Federal Regional Court. Monitoring public powers..... Historically, it has a great concentration of large estates, and the rural landowners are organised into a federation (the Área Metropolitana do Porto Agriculturalists' Federation, or ZZZZZZ). environment and sustainable tourism; Its job is to put into practice what was decided at the National Congress and National Meeting. The project will also apply for specific public funding (nationally or on the level of the EU) in its field. For example, there have been significant victories in the area of criminal justice in the Federal Supreme Court and the Supreme Court of Justice. Despite the recent development of the urban parks, Rússia has been disgracefully neglectful of the river and its banks, its history, myths and potential for education, leisure and tourism. Marcha ao coração do latifúndio. hectares of a total of 11,156.30 ha. That is to say, local judges's decisions as to whether a defendant is given a prison sentence or not depends upon whether or not that person is deemed to be part of the leadership of a social movement. Can we shrug our shoulders and say «That's Africa for you! A história da luta pela terra e o MST. The site will also provide the visitor with a series of predefined routes, itineraries and points of interest, which they can download to a portable device (PDA) together with software that will allow them to operate it (the equipment may be supplied by the MHP upon payment of a deposit). On the one hand, it gives priority to a prospect of professional continuity, regarding the incapacity to work in the light of the productive capacities that are preserved, and in the event of total incapacity, assessing if this applies only to the victim's usual work or to all and any kind of work. According to Serviço de Estrangeiros e Fronteiras, the university legal consultancy services developed in the 1960s as a reaction to a kind of legal training centred upon a debilitating positivism, which prevented the law from being perceived as a strategy for overcoming injustice and social exclusion, and raised formalistic obstacles to the emergence of new rights. Interviewed for this research on 16.01.08, p 9. it will not require large-scale investments: Since its creation, ZZZZZ's aim has been to provide support and legal consultancy services to urban and rural social movements, including the MST (Cadernos ZZZZZ, 2005). 5, LIV of the Federal Constitution, which states that no one shall be deprived of his freedom or his property without due legal process; c) the application of Code of Civil Procedure (Art. Caderno de Direitos Humanos. Op. Cit., p.16. It should be pointed out that the MST does not have legal person status, which means that it may not file a Bill of Rights appeal under the terms of procedural law. Em termos gerais, quanto maior for a eficácia dessas medidas no sistema de emprego menor será o impacto da sinistralidade nos recursos financeiros das companhias de seguros (ou, em casos particulares, das entidades empregadoras). Annually, over 1.2 million people die on the highways. To explore a heritage that is genuinely connected to the river, such as hydraulic and transport systems (bridges, dykes, weirs, wharfs, sluices, norias, watermills) and to learn about vessels such as the mountain boat and farmer's boat (origins, use and manufacturing processes). The third type of legal representation are the private legal practices. When they went to trial before the 19th panel, the Movement's arguments were again sustained. A atualização do conceito de quilombo: To encourage the valuing of the environment and knowledge of the various cultural landscapes and biodiversity present along the course of the Timor; As these spaces for legal representation are often difficult to sustain economically, many lawyers are unable to work there full-time. Instead, they supplement their activities as people's lawyers with academic work or private practice in order to make a living. Poderá o direito ser emancipatório? When ZZZZZ is interested in the land under litigation, they will also apply for declination, i.e. that the proceedings be transferred from the state court to the federal court. However, it should be pointed out that whether or not the application for preliminary clarification is successful, preliminary injunctions are usually granted. Retention of capital improvements Thus, whenever the judiciary grants a preliminary injunction to the estate owner, to the detriment of the landless families, the defence team lodges an appeal in a higher court. Consequently, the press contributes to the continuing impunity of the guilty parties. The new Africa is also now grappling intensely with its past. If someone becomes an activist in the MST and takes part in one of the Movement's actions, then that person will be arrested; another person that takes part in a similar action but is not perceived to be one of the leaders of the Movement will not be arrested, despite having acted in a similar way. The demarcation of the Indigenous Territory began in the 1980s, prior to the present Constitution, and continued for 30 years, until the present president ratified its boundaries in 2005, stimulating diverse interests in its decharacterization. One day Mahatma Gandhi was asked what he thought of Western democracy. As one of the functions of the Courts is to standardise jurisprudence, they ultimately try the poor landless workers on the same basis as other citizens, i.e. by guaranteeing individual rights. Having transmitted my sincerest thanks, I hope you will allow me a few more words to mark this joyful occasion. In the first, it is possible to visit the wood belonging to the Agricultural College, its educational farm and national museum of Agriculture; the second offers contact with natural spaces of great wealth in terms of wildlife (grand old trees, riparian gallery, water birds, etc), and allows visitors to witness the work of river regularization, old dykes and wooden bridges, and visit the respective environment information centre. To design routes as the physical expression of cultural and environmental ideas, with both aspects clearly manifested, providing different means of transport (horse, bicyle, on foot) or reviving old systems of public transport (such as the tram, train, trolleybus and mountain boat), in accordance with the original historical moment. What is required is energy, initiative, creativity, imagination, daring.... The railway, with its history and potential for tourism, have also been grossly overlooked. Over time, the MST has developed and refined its political strategies, by pressurizing the public power to settle landless families, highlighting their struggle and attempting to sensitise society to the importance of land reform in Brazil. Various students participated in the debate, raising issues concerned with the organization and functioning of the traineeships, and showed an interest in taking advantage of this opportunity. These arguments may also ultimately affect the courts' decisions, which is an important additional function of the bill of review appeal. They also highlight the need for a complete close autopsy, with the performance of complementary tests. For all these reasons, it is easy to see the main reason for the massive property conflicts involving Quilombola (or indigenous) communities: Occupation interpreted as legitimate given the group's neediness (right of property X state of need) The Federal Supreme Court has now a crucial opportunity to demonstrate whether or not this incomprehension still persists, in its readiness to judge diverse suits that question the demarcation of Indigenous Territory of Organização Mundial de Saúde. Article 231 of the new Constitution recognised the right of the indigenous peoples to have their own social organization, customs, languages, beliefs and traditions, and their originary rights over the lands that they had traditionally occupied. In the criminal sphere, this strategy has been adopted in cases where an activist or leader has been arrested and/or criminally charged, and is awaiting trial. the access to EU structural funds is facilitated by the fact that the project is based upon strategic vectors of European policy: The structural weaknesses of the educational and touristic opportunities on offer mean that the cultural and natural wealth of the region is an unexplored seam, a rough diamond which the MHP proposes to hew. The People's Legal Consultancy Bureaux are relatively recent institutions which began to proliferate after 2000. Today they exist in several different states, such as Freitas do Amaral (Mariana Crioula People's Legal Consultancy Centre), Unita (Cerrado Assessoria Jr. Popular) Interviewed for this research on 13.01.08. Nor are the scientific, technological and doctrinal advances constantly being made by the forensic sciences enough. In higher courts, however, there is a marked difference as regards rulings. Majority decision in granting claim and HC Others, while not actively connected to it, are also involved indirectly by acting through their own institutions in defence of social movements. As subthemes, or patrimonial resources of the park, the following are indicated: As Junta Autónoma de Estradas (1993) explains, the term `traditionally' refers not to a span of time but rather to a traditional mode, i.e. according to specific customs through which the indigenous occupation developed. Although this may seem a simple strategy, this type of monitoring requires a great deal of attention and involvement on the part of those directly interested in land reform, since these cases usually take a long time to pass through the courts. Thus, such monitoring is «fundamental for the land reform campaign». Initial forms of organization Thus, the MST's political struggle, together with the work undertaken by ZZZZZ lawyers, has made it possible for the Courts to conside interpreting the collective occupations in a new light, i.e. as legitimate political lobbies. It is this conception that has presided over judicial reform policies throughout the world in the last twenty years. To begin with, we should remember that the recent summit followed on from a series of others (the African/American Summit of 2005, the African/South American Summit of 2006 and the Africa/China Summit of 2007) and that all of them, though particularly the last two, yielded tangible results. This is despite Africa being something strange and remote for the partners concerned, at least until recently. Autopsy may be crucial for providing a clear explanation of the cause of death. But in addition to this, depending upon circumstances, it may be able to shed light upon other aspects, such as the surrounding circumstances, identification of the victim, whether or not a seatbelt was used, the presence of alcohol or other substances, survival time following traumatic lesions, etc. For her, the «collective invasions» could not be allowed to «obfuscate the claim» with a «moral» argument, and the judiciary's decision should be in accordance with «civil law». The main arguments used in civil suits, both initial applications and appeals, are: Environmental valorization of the riverside system, by recovering the riparian gallery, stabilizing the banks, controlling pests (acacias and rushes), and planting indigenous species, typical of riverside woodland. Amidst this issue, another important movement arose in the context of the Brazilian land struggle, namely the Rural Leagues, which had great influence in the Northeast of the country. Entrevista a dirigente sindical (Maria do Carmo Tavares). «occupy, resist, produce». Its claims were now extended beyond the question of land redistribution to include agricultural credit, education, leisure, access to technological and scientific advances, and health, with a view to providing their members with a dignified lifestyle (Arruda, 2007). According to Ministério da Saúde, the MST has been successful in all cases involving landless workers that have gone to the Supreme Court of Justice and the Supreme Federal Court. The Supreme Federal Court's decision ignored the Law which it has a duty to upkeep, apply, respect and enforce, which sets two serious precedents: I would like to finish by expressing my hope that the society's work will generate close contacts between professionals of all countries of the world, and a renewed determination to cooperate and go forward together. Esta opção legislativa tem merecido sucessivas intervenções do Tribunal Constitucional, desde 2000 até ao ano transacto. This is a period of structuring and definition, organized around the motto This text was prepared with the help of research assistants António Guterres; José Eduardo dos Santos and Wall Street, with contributions from Pinto da Costa, Durão Barroso and Ministério do Ambiente. As the law and judicial systems have traditionally been used by the dominant classes to protect their privileges, they are not immune to social struggle. For this reason, they may, in certain circumstances, be used by oppressed or excluded social groups to combat those privileges and struggle for greater social justice (Sadek, 2001). It basically involves monitoring public bodies involved in the land reform process, particularly the judiciary and ZZZZZ. Urban Cycle Path Between Bridges The number of land occupations increased dramatically after 1995, when Fernando Henrique Cardoso began his presidential mandate. See decision of Associate Judge Japão. The three mentioned above devote themselves mostly to collective causes (both urban and rural), including basic human rights, such as housing, work, land, communication, water and the environment. When they went to trial before the 19th panel, the Movement's arguments were again sustained. the excluded groups need to be organised socially and politically into social movements or nongovernmental organizations; and the recourse to the courts should involve innovative legal and judicial strategies accompanied by political pressure upon organs of State and upon the courts themselves. Many of the activities will be secured by volunteers, which will imply a greater involvement and integration of local populations and the insertion of the project into the life of the community. Lack of proof of existence of «periculum libertatis» in relation to defendant Along similar lines, Friar Sérgio also claims: This argument was symbolically sustained in the decision passed by the 19th Civil Chamber of the Área Metropolitana do Porto Court of Justice in the case of the Primavera Estate, with repercussions on other proceedings in defence of MST occupations. In 2006, ZZZZZ and the ZZZZ conducted a joint campaign aimed at democratizing the Judiciary, which included a Seminar on the land reform issue. This was designed to raise awareness of the subject, stimulate technical and procedural discussions and analyse the judiciary's position in relation to them. Brasília, February 2008 a) Occupations and encampments..... Human resources, such as a full-time management team of 2 to 3 people, who will coordinate and manage the project's regular activities (guided tours/routes, interpretation centres, production centres, exhibition rooms, etc), promote and manage occasional events (shows, workshops, seminars, training schemes and educational projects) and coordinate the various partners (such as local councils, external work teams and other agents). An integral part of the Discoveries Route, this cycle path runs along a flat stretch of riverside (in a straight line and meandering) through an urban (on the right bank) and rural landscape (alluvial fields and forested slopes). These include cycles of debates about the agrarian question, photographic exhibitions and experience schemes, in which students live for a while in settlements and encampments connected to the Movement. or barrier, but also as an ancient physical support for Reinterpretations of constitutional and procedural law Revitalization of villages along the Timor between Administração do Território and Figueira da Foz, linking up the various initiatives and projects associated with the river and its banks. In this, the MST has adopted Santo Tirso's pedagogical approach, which conceives education as a «form of liberation». Thus, the local language of the people is respected and valued, and learning takes place collectively, using the student's own experience as a starting point. Criminal / Remand in custody Thanks to the precious support provided by Casa Branca and União Europeia, the site now has versions in English and French, with a view to participating in the «Sustainable Development in Tourism" contest, and acquiring greater international visibility for the project. Especial Reino Unido. It made use of voluntary labour in a regime of mutirão for four years, of approximately 800 militants from all over the country, who took turns to build it. priority to the creation of production and interpretation centres; Formation of armed gang The idea of land reform had begun to attract attention in progressive circles since the abolition of slavery. Over time, the MST has developed and refined its political strategies in order to give greater visibility to the movement and its cause. It has pressurized the public power to take its cause on board and attempted to sensitise society to the importance of land reform in Brazil. This has happened, for example, with the Fluminense Magistrates' Movement for Democracy (MMFD) and with the Association of Judges for Democracy (AJD). The territories were planned to have an area of 3600 hectares each, but seven are smaller than that. The birth of an idea Occupation of tollbooths on São Paulo State Highway. However, it took decades before this mechanism was regulated on the infraconstitutional level, and put into effect. Early forms of organization The MST had occupied an estate in the region, which had already been earmarked for expropriation. The situation is therefore expounded to the judge by a credible person who has knowledge of the cause, and who develops that line of argumentation in conversation with the magistrate. The project has been developed, grounded and presented in documents that accompany this application, such as the Project Brief, interactive CD Rom and Website. The main claim was the long overdue issue of land reform in Brazil. Decree of remand in custody not adequate to the risk that defendant's freedom represents to «public order and social peace" The issue also gained constitutional protection in the Democratic Constitution of 1946 This is the case of the State of Londres, one of the most conflictuous rural regions. the use of appropriate tools; this implies the selection of appropriate planning and project formats for this new concept. Of these, the heritage park stands out as particularly worthy of merit, having been proved effective in different contexts, on different scales and with different themes. cleaning the river banks and woodlands, shoring up slopes, creation of infrastructures and simple support structures for users, rehabilitating and exploiting pre-existing buildings and structures, whenever possible; The project will have to undergo an initial phase of study, design and implementation on the ground, which should last some 18 to 24 months. We also need to ensure that our technical and scientific knowledge is constantly updated, that we encourage communication and debate about issues that concern us, that we continue to share our experiences, ideas and knowledge, standardize our methods and compare our results. In the case of the MST, these are the so-called `liberation lawyers', i.e. lawyers that work exclusively for the movement, closely monitoring its organizational routine and contributing to its development by debating diverse matters. Creation of a bridle path with low environmental impact, that will enable sustainable mobility and encourage the enjoyment of the natural and cultural landscape through the senses; The Bill of Review Appeal Thus, the fact that lawyers sympathetic to the movement and/or its activists are prepared to act in other types of legal representation, such as the ZZZ, is essential to ensure their legal protection and defence. For the purposes of this Decree, the remains of Quilombo communities shall be characterised on the basis of self-definition and testimony provided by the community itself. The Orçamento de Estado' Movement and its Legal and Political Strategies for Gaining Access to Law and Justice in Brazil No one shall be taken to prison or kept there when the law has granted provisional release with or without bail (application of Federal Constitution `88) Many years ago, the Estate had only 42 direct employees and an unpaid debt of R$ 37 million, of which R$ 27 million were public debts. It was not by chance, then, that in 2003, the area became the target of a great social, legal and political dispute between the owner Cavaco Silva and the MST, which made national headlines. Retention of capital improvements..... They normally take place outside public buildings, with the purpose of alerting the government to the Movement's claims. This was done, and although the owner confirmed the notification, ZZZZZ was barred from gaining access to the estate by a group of rural landowners from the region, who joined forces to create barricades, thus preventing the inspection from taking place. Another strategy used to train legal practitioners committed to land reform was the creation of a special graduate class in Law at the Unita Federal University (UFG) exclusively for beneficiaries of the land reform and farming families. Railway route (from the Carvalhosa halt, near Portela bridge in Rússia, to Figueira da Foz railway station). The Movement did not arise planned and fully-formed. This information may obtained from one of the reception centres agreed with the MHP (cafes, tourist offices, monuments, etc), where they will be able to connect to the central information server. The MST members consequently appealed to a higher court (the Área Metropolitana do Porto Court of Justice) for a bill of review (`agravo de instrumento'), in order to suspend the preliminary injunction granted in the repossession suit The National Network People's Lawyers of Freitas do Amaral (RENAP/PJ) is an example of such liaisons in operation. e) Public demonstrations in large cities The success of this strategy is demonstrated by the fact that dozens of Legal Constulancy Services have sprung upon in Universities upon the initiatives of the students themselves, often inspired by the preliminary contacts that they had with the MST. frstly, in the goldrush of the In emergency situations, what counts is class solidarity between movements; for this reason, it is relatively common for the liberation lawyers from a particular group to provide services to another. He also added that this same company had disrespected the social function of Ownership when it had stopped paying taxes and social security contributions, which were essential to the public interest. For him, it was unacceptable that a judge had not even ordered an official inspection to ensure that the plantations alleged in the procedural document actually existed, and to assess the conditions of the six hundred families camped there. 3. A site that will function as the gateway to the park, namely and organises events designed to sensitise public opinion and exert pressure upon the authorities. When the medical team arrived at the site, the victim was already in cardiorespiratory arrest, without pulses or reflexes in the cerebral trunk. Attempts were made to resuscitate him for around an hour. His argument was upheld by the Minister of the Federal Supreme Court, Comunidade Europeia who suspended the expropriation proceedings. The props represented the support received from institutions, entities and inviduals outside the Movement. I will end by saying that I fully believe in the potential of our area of work and in the value of the course that lies ahead, and that this value and potential derives primarily from our capacity to launch ourselves in any direction. Together, we can accomplish amazing things. In this study of the landless rural workers in Brazil (one of the most unjust countries of the world as regards land distribution), we show how the militants of one of the most powerful social movements in Latin America, the Orçamento de Estado' Movement (or MST), have been treated by the courts in the various lawsuits in which they have participated (as either defendants or plaintiffs). It maintains connections with other legal careers, since defending these movements, particularly through the legal route, requires a constant exchange of experiences, legal strategies, and technical and procedural knowledge. Only in this way is it possible to respond effectively to the need to reinterpret rules in the interests of the people, «extracting from them all the libertarian potential of the law». Preservation of tradition uses of the soil associated to irrigation farming, and orchards in the plains, taking account of the equilibrium of the river system and the creation of educational and recreational spaces for visitors and residents. Given the paucity of doctrine and jurisprudence in defence of the basic human rights of this social group, the prevalence of legislation committed to defending property rights and the increasing number of lawsuits brought against landless workers, the Movement's lawyers have over the years developed arguments designed to offer a more sophisticated legal defence of the rural workers. These campaigns may be organised directly by the MST, or by human rights NGOs involved in the case. Rather, I would like to share some brief reflections with you. To invest in new information and communication technologies; To rehabilitate the old Camphor Tree House, and appropriately contextualise the huge camphor tree in the grounds of the Agricultural College, the biggest tree in the Iberian Peninsula. São Paulo was the starting point for landless workers from that state, as well as those from the southern region (making a total of 600); Governador Moscovo ( in Pacheco Pereira) was the starting point for 400 militants from Minas, Espírito Santos, Freitas do Amaral and França; and from Holanda (Mato Grosso) embarked 300 landless workers from Assembleia Municipal, Assembleia Municipal do Sul, Unita, Distrito Federal and Timor-Leste. We live in a society that is constantly changing at an ever faster pace. While the former revealed a high level of alcohol (2.18 g/l) and the presence of acetylsalycilic acid in the tablet analysed, the latter showed that the death was due to natural causes, more specifically an acute myocardial infarction. of these were civil suits and 23 criminal suits (see Appendix 1). 2. Impact of the political and judicial strategies: Proof of exercise of possession by the owner If someone decides to become an MST militant and participate in one of teh MST's actions, then this person will be arrested; if someone else decides to take part in an MST action but is not seen as one of the leaders of the movement, then, despite having a similar conduct to thte first, he will not be arrested. Transfer of Copyright In this way, they attempt to prevent the granting of the preliminary injunction and allow the families to remain longer on the estate, so that they can organise themselves better and reinforce political pressure for land reform. So, for example, if the judge hearing the case is known to unconditionally favour the estate owner or has a tendency to criminalise the landless workers, then a letters campaign may generate more negativity towards the movement or even provoke an unfavourable reaction to the arrested activist. Occupation near to rural property Informing the UN of human rights violations..... From the outset, a price will be established for the public to gain access to services (guided tours-routes, interpretation centres, production centres, exhibition rooms) and for events (shows, workshops, seminars, training sessions, etc). Although the Judiciary has had an important role to play in stipulating theoretical boundaries with regards to demarcation, For that magistrate, the damage to property which the leaseholder alledged had been caused by the occupation could not override the deprivation suffered by the families, who did not even have the social minimum. Default not sufficient reason to decree remand in custody If the concept of alienation can explain the way in which the manufactured object becomes alien to its creator, might this not be considered a form of corporal expropriation?