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LEGAL FIELD AND POLICIES OF BIODIESEL: FAMILIAR AGRICULTURE AND LAW EFFECTIVENESS

Bruno César Gurski, José Edmilson Souza Lima

Revista Eletrônica do Curso de Direito da UFSM · 2016

doi:10.5902/1981369421066 (opens in a new tab)

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Abstract

This work aims to reflect on the power of the law as an instrument of implementation of institutional objectives associated with the biodiesel policies in Brazil. Methodologically, the study used bibliographic and documentary research. The main conclusions are that there are aspects that go beyond the legal field which directly influence the normative teleology, such as the conflict of interests in the legislative process. The law about biodiesel presents antinomies and gaps, which are the cause of the failure of the National Program for Production and Use of Biodiesel, aimed to promote the social improvement of the Brazilian familiar agriculture. Therefore, the transversality of the law, mainly from the National Energy Policy, did not have the expected effect on instrumental rules of public policy proposals for the sector. There is a need in the legal field to dialogue with other fields of knowledge, in order to incorporate other factors than the law in its application in the real world.

Abstract licence: CC BY-NC-ND

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