Legal form essence as a barrier to agroecology

Abstract

https://doi.org/10.1590/2179-8966/2022/64761i

Historically contextualizing the advent of current environmental problems as a result of the appropriation and exploitation of the human being on nature and on the human being in the capitalist mode of production, this work presents agroecology as a sustainable alternative to this model for operating in a logic external to that of the capital. In this context, the objective is to verify how the essence of the legal form operates as a barrier to agroecology. For that, the dialectical historical materialism is adopted as a method and the following form of exposure: 1. Agroecology is presented as a means of satisfying human needs that preserves the balance of the metabolic relationship between human beings and nature, a relationship that was affected by the development of capitalism, especially with regard to agriculture. 2. Starting from Marx's view of law as a social form that has an appearance and an essence, the second chapter presents the apparent legal form of agroecology in law positivized in Brazilian norms; and 3. It addresses the essence of the legal form and how it acts as a barrier to agroecology. It was concluded that before any other obstacle to the implementation of agroecology on a large scale, it must be kept in mind that it will not be the mere legislative creation to solve the ecological crisis today, because the existing environmental laws are merely the appearance of the law whose essence seeks the maintenance of the unsustainable capitalist system.

Keywords: Agroecology; Appearance; Capitalism; Essence; Legal form.