Direito à alimentação

• Ano de defesa: 2006
• Autor(a) principal: Bózi, Estanislau Tallon
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Faculdade de Direito de Vitoria; Brasil; FDV
• Palavras-chave em Português: Alimentação; Direito à alimentação; Direito à vida; Direitos humanos; Fome; Mínimo vital; Segurança alimentar; Segurança nutricional; Direito
• Link de acesso: http://191.252.194.60:8080/handle/fdv/27

It takes care of analyzing the phenomenon of the hunger, their several causes and consequences. In the same way, the inadequate feeding is analyzed, in contexts of shortage and of feeding overabundance. In a second moment, it is treated of the human rights, its concept, characteristics, history, evolution, classification and protection. It is approached, still, the right to the life and the existential minimum. In the third part of the dissertation, especially with base in the international standards and internal, it grows the concept and extension of the right to the feeding. It is approached, still, here, alimentary and nutritional safety's concept. After the concept, it grows the positive law thoroughly of the right to the feeding, in the international law, in the compared right and in the Brazilian right. Finally, with base in the used literature, several ways are described of to assure and to guarantee the right in an effective way to the feeding, through the adoption of public politics, of the positive law and of the justiciability of the right to the feeding. Allied the these measured, they are the education in human rights, the popular fiscalization, the control of stocks, the rational planning of the agricultural policy, the institution of subsidies and incentives, the organization of the producers, resellers and consuming, the institution of appropriate tax policy and, mainly, the fair distribution of the lands, through land reform. In the extent of the constituted powers, it falls to the Executive power the adhesion to the international treaties of human rights and his/her full implementation. To the Legislative power the elaboration of the norms of internal right competes, seeking to assure the concretion of the human rights and to endow the citizen of the capable mechanisms the such occupation. To the Public prosecution service it assigns the defense of the society, inside of the limits of the legality. And, finally, to the Judiciary power, to who competes to say the right, it is imposed to assume his/her responsible place for the materialization of the human rights, overcoming practical obstacles and the dogmatic and ideological barriers that they impede the accomplishment of a society fairer, fraternal and solidary, as proposed for the Brazilian representative.