propertys social role in agrarian reform / A função social da propriedade no contexto da reforma agrária




The present paper is about the constitutional option of promoting the Brazilian agrarian reform and its relationship with the principle of propertys social role. For that purpose, it was made an investigation about the evolution of the concept of property, which throughout the time passed from absolute right to a complex legal relationship establishing obligations to its holder. It was analyzed the origin of land concentration in Brazilian territory, through the historical environment, the law and the constitutional rights concerning the subject in order to understand the reason of conflicts in the countryside. Also, it was studied the concepts, methods, objectives and elements of the agrarian reform, as well as the solutions found by the Foreign Law to carry it out. The main goal of the present study is to show that the social role of the property achieved the status of constitutional principle, and the reflections can be seen in the interpretations of the Constitution and the rule of law, in the relationships of Private Law, taxation, and, mainly, in the economical and constitutional subsystem, especially concerning the agrarian reform. The investigation of these reflections suggests that the solution for the agrarian conflicts requires a detailed analysis, not only of the propertys social role principle, but also of the democratic rule of law without losing sight of the reality of facts which imposes itself to the rules interpreter


direito constitucional posse da terra função social propertys social role reforma agrária -- brasil propriedade agrarian reform

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