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An An analysis of the oral arguments of the Executive Branch in the public hearing on the draft bill 7.735/2014

the case of the Biodiversity Legal Benchmark

Authors

Keywords:

Biodiversity legal benchmark, Traditional people, Legislative proccess

Abstract

https://doi.org/10.1590/2179-8966/2025/80097

This essay analyzes the arguments regarding the Brazilian Act 12,123/2015 from the representatives of the Ministries of the Federal Government involved in its elaboration as a draft bill proposed by the Executive Branch, in a public hearing held in the Federal Senate. In this paper, based on the collected data and Aníbal Quijano's theory of the coloniality of power and knowledge, the research question is the following one: how can one analyze the divergences in the speeches of the representatives of the Federal Government, on the discussion of the Draft Bill 7,735/2014, regarding its content and the participation of traditional people and communities in legislative process that affects them? This study used data collected from the transcripts and videos of the two public hearings held in the Federal Senate. In conclusion, the research found evidence that the Brazilian State may have failed in the consultation process of the traditional peoples and communities, and that there was no uniform consensus within the Federal Government concerning the content of the bill.

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Author Biographies

Thiago Guedes Andrade Ezequiel, UFJF

Mestrando em Direito e Inovação pela UFJF

Graduado em Direito pela UFJF

Marcos Vinício Chein Feres, UFJF

Doutor em Direito Econômico pela UFMG

Professor Titular da Faculdade de Direito da UFJF

Professor do Programa de Mestrado em Direito e Inovação da UFJF

Pesquisador de Produtividade do CNPq

Published

2025-01-29

Versions

How to Cite

Guedes Andrade Ezequiel, T., & Chein Feres, M. V. (2025). An An analysis of the oral arguments of the Executive Branch in the public hearing on the draft bill 7.735/2014: the case of the Biodiversity Legal Benchmark. Direito E Práxis, 16(1), 1–29. Retrieved from https://www.e-publicacoes.uerj.br/revistaceaju/article/view/80097