A visão colonial do direito nas questões agrárias no Amazonas: recorte ecofeminista para as mulheres rurais

Abstract

The aim of this research project was to understand how agrarian issues are viewed by contemporary law in terms of the social relations of capitalism, imposed as a mercantile form and the invisibilization of specific social groups, such as the women of the Amazonian peasantry. Looking for the historical, colonial, patriarchal and legal analysis that make up the systemic structures of colonial exploitation and reproduction, based on the capitalist mode of production. The methodology used in this research was the historical-dialectical materialist method, using the comparative conceptualization of Evguiéni B. Pachukanis, so that [...] the dialectical development of fundamental legal concepts not only offers us the form of law in its most exposed and dissected aspect, but also reflects the real historical process, which is nothing other than the process of development of bourgeois society (2017, p. 76). 76) embraced in the ecofeminism defended by Maria Mies and Vandana Shiva [...] find it difficult to notice the similarity between their own liberation and the liberation of nature, and between themselves,women and the “different” women in the world. This is because capitalist patriarchy – or “modern” civilization - is based on a cosmology and anthropology that structurally dichotomize reality, and hierarchically place one part in opposition to the other: one always considered superior, always prospering and progressing at the expense of the other. Thus, nature is subordinated to home; women to men; consumption to production; the local to the global (2021, p. 54); the means used to carry out this research were: doctrine, legislation, case law and documents available on the websites of public and private organizations; as for the purposes, the research was qualitative. In the end, the research verified the maintenance of the patriarchal structure in capitalism's mode of production and the way in which contemporary Brazilian Law regulates systems of oppression and vulnerability; with regard to agrarian issues, the discretionary system of normative omission is strengthened, while it fulfills the designs of capital, isolating itself from public debate while its population, especially women, play an even more cruel and determined role.