Wind lease agreements in Santa Luzia-PB: the disassembly of lessor's rights over the land

the disassembly of lessor's rights over the land

Authors

DOI:

https://doi.org/10.24862/rcdu.v14i2.1740

Abstract

As a way of readjusting economic development to policies for the conscious use of the environment, the capitalist system intensified investment in the wind industry. In Brazil, the northeast region figures with great prominence in the route of renewable energy production, with the municipality of Santa Luzia-PB as a new expansion axis. Based on the onshore modality of capturing the force of the winds, controlled from the land lease, the article aims to analyze the repercussions of the wind lease contract in the highlighted city, especially with regard to the institute of ownership in the face of potential vulnerabilities in land holdings in the region. Adopting the critical thinking of Mariana Traldi (2019) on the mass accumulation of land by dispossession legitimized by wind lease contractual instruments, it is intended to answer how the use and possession restriction clauses present in wind lease contracts represent the Dispossession of rights of santa-luzienses farmers over land? For this, the essay made use of bibliographical and documentary research, combined with data and lease contracts collected in the field by Projeto Dom Quixote (UFPB) between January and November 2021, as instruments for analyzing the case study in the city , observed and interpreted according to the qualitative method. Initially, an attempt was made to understand the local land situation, as well as to analyze the wind lease contracts, based on the hypothesis that these contracts open the way for the legal dispossession of the formal land owners, resulting in the mass accumulation of these areas by generating enterprises.

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Author Biographies

Heloísa Joaquim Mendes, Centro de Ciências Jurídicas da Universidade Federal da Paraíba

Lawyer. Bachelor of Law. Former scientific initiation scholarship holder CNPq/UFPB. Member of the Dom Quixote research group (CAPES/CNPQ/UFPB).

Fernando Joaquim Ferreira Maia, Centro de Ciências Jurídicas da Universidade Federal da Paraíba

Doctor and Master in Law from the Federal University of Pernambuco-UFPE, Prof. Associate of the Legal Sciences Center of the Federal University of Paraíba-UFPB, Prof. Permanent member of the Graduate Program in Legal Sciences at the Federal University of Paraíba-PPGCJ/UFPB. Leader of the Dom Quixote research group (CAPES/CNPQ/UFPB).

Ana Paula Basso, Centro de Ciências Jurídicas da Universidade Federal da Paraíba

PhD in European Tax Law from the “University of Castilla-La Mancha”, in Spain, and from the “Università di Bologna”, in Italy. Undergraduate and Graduate Professor at the Federal University of Paraíba (UFPB). Vice-coordinator of the Graduate Program in Legal Sciences, UFPB. Leader of the Research Group Studies on Tax Law and its socioeconomic repercussions – GPEDTRS/CAPES/CNPQ/UFPB.

Published

2023-10-24

How to Cite

Mendes, H. J., Maia, F. J. F., & Basso, A. P. (2023). Wind lease agreements in Santa Luzia-PB: the disassembly of lessor’s rights over the land: the disassembly of lessor’s rights over the land. The UNIFOR Law Course Journal, 14(2), 121–144. https://doi.org/10.24862/rcdu.v14i2.1740

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Artigos