FOOD FROM THE PERSPECTIVE OF SYSTEMS THEORY AND AN ECOLOGY OF HUMAN RIGHTS: ITALY AND BRAZIL

Abstract

This study comparatively analyzes Italian and Brazilian jurisprudences in Food Law, focusing on the intersection between culture and legislation. The guiding hypothesis is that the cultural and legal differences between these two contexts reflect this intersection, directly influencing the conception and application of food standards and the perception of the fundamental rights to food and food security. This relationship shows how Food Law reflects the cultural particularities of each nation, while facing common challenges in a globalized society, such as hunger and the strategic use of food in power structures. The objective is to identify how Food Law is structured in each cultural and legal context. The central issue raised is: to what extent does the lack of an integrated and interdisciplinary approach in Brazil limit the effectiveness of Food Law in promoting a sustainable and culturally inclusive food system? To this end, the study begins with a historical analysis of Italian common law, highlighting the disciplinary autonomy of Food Law, focusing on the culture, brand and quality of local production, based on authors such as Borghi (2014), Perrotta (2015-2016), Ferrari and Izzo (2009; 2012), Costato (2013), Masini (2008; 2011), Rizzoli (2008), Bottiglieri (2015), Tommasi (2015), Montanari and Capatti (2012; 2015). In the Brazilian context, Law No. 11346/2006 (Losan) is examined, emphasizing adequate food as a fundamental right and its relationship with legal norms and cultural aspects. The methodological approach is qualitative, exploratory and descriptive, using bibliographic and documentary procedures. The studies are based on the Systems Theory of Niklas Luhmann (1983; 2011; 2016) and Raffaele De Giorgi (1994; 1998; 2005), with a focus on the Ecology of Human Rights and the communication of risks and fear in complex societies; in Camera and Wegner (2017), Buani and Magalhães (2017). The results highlight the importance of understanding food in its multiple dimensions – cultural, legal, economic and political –, revealing the paradoxes of modern society and the structural interests that perpetuate hunger and the use of food as a tool of power. In addition, they emphasize how the connection between food and law contributes to the formulation of more inclusive public policies, sensitive to local and global realities.