Cadeia dominial e processo de desapropriação da Fazenda Acaba vida, Niquelândia-GO (1756 a 2021)

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2021-03-22

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Universidade Federal de Goiás

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This paper seeks to analyze legal points that permeate rural expropriation for land reform. It analyzes the agrarian reform model and who benefits from it in the expropriation process, based on the expropriation of Fazenda Acaba Vida, located in Niquelândia-GO. It aims to demonstrate, based on the documents of the property, that goes from its origin to the current situation, and the administrative and judicial processes, to argue that the State privileges the great rural owner in all stages of land tenure regularization and, consequently, harms Brazilian society. In order to carry out these analyzes, the methodology used was the case study, based on the sesmarias records of the Overseas Historical Archive of Portugal, on the property transfer certificates of the Niquelândia- GO Property Registry Office, as well as information contained in the processes, administrative at INCRA, located in Goiânia-GO and judicial at the 4ª Federal Court of Goiânia-GO. With this collected documentary framework it was possible to verify that: 1. The lands are donated by sesmaria; 2. About 65% of the land in the property results from the illegal appropriation of vacant lands legalized by the judiciary; 3. The owner failed to fulfill the social function; 4. There were landless families in the place with the possibility of usucapir, and; 5. The expropriation action has lasted for more than 30 years. Finally, it is shown that the State had losses that pervade: 1. The sesmarial donation; 2. The loss of unoccupied land; 3. Compensation that the expropriated should not receive; 4. The acquisition of land unfit for agrarian reform. The results also show that the value of the property, which used to be R$ 19.979.746,77, went to R$ 63.003.562,36, in benefit of the expropriated property.

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FERRETTI, K. D. Cadeia dominial e processo de desapropriação da Fazenda Acaba vida, Niquelândia-GO (1756 a 2021). 2021. 158 f. Dissertação (Mestrado em Agronegócio) - Universidade Federal de Goiás, Goiânia, 2021.