O DIREITO À ALIMENTAÇÃO ADEQUADA: sua proteção, contradições e insuficiências no campo jurídico

Abstract

This is an analysis of the right to adequate food, its protection, contradictions and shortcomings in terms of legal-normative protection. The aim was to understand the conceptions of the human right to adequate food, which is based on human dignity and food sovereignty. We presented the human right to adequate food and its legal protection in the international and Brazilian legal systems as a fundamental human right, as well as some reflections on hunger and the construction of social rights in the Brazilian capitalist state. The legal-normative treatment of the fight against hunger was presented from 2003 to 2010 (during the government of President Lula) and from 2019 to 2021 (during the government of President Bolsonaro). In addition, the judicial control of public policies and their limits will be observed, and finally we will move on to analyze the legal-normative protection through judicial action in the realization of the right to adequate food through the actions of Argument for Failure to Comply with a Fundamental Precept nº 835 and nº 885, of 2021. This thesis was developed on the methodological basis of Bourdieu's Reflexive Sociology (2007, 2008, 2014) and a critical view of law based on Hespanha (2009). This is an exploratory research based on data collection through bibliographic and documentary surveys and the deductive method, explaining and deepening the proposed discussions as well as presenting, analyzing and articulating the current doctrinal positions on the matter. The use of statistical data on the subject is also noteworthy.