Aquisição de imóveis rurais por estrangeiros e os efeitos do land grabbing no Brasil: uma análise legal e jurisprudencial no período de 2012 a 2023
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2023-08-29
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Universidade Federal de Goiás
Resumo
The Constitution of the Republic of 1988, with regard to the acquisition of rural properties by
foreigners and similar, took care to establish the differentiation of legal treatment between national
and foreign natural and legal persons, at different times, in order to guarantee, for example, the
sovereignty over its territory, in order to privilege people, capital and Brazilian products, with the
aim of guaranteeing national development, in addition to promoting the construction of a free, fair
and solidary society, aiming to eradicate poverty, marginalization and pursue the objective of
reducing inequalities. In this vein, a study was proposed on the differences established between
foreigners and nationals, originally by the aforementioned Constitution and, subsequently, by
supervening laws and normative regulations. By means of a hypothetical-deductive methodological
approach, the starting point was the analysis of the general standardization on the subject for a
specific proposal. At first, the process of Brazilian territorial formation was investigated, especially
linked to the construction of agrarian law in Brazil. The effects of the land grabbing phenomenon in
several countries around the world were unveiled, in order to understand the possible current effects
of this phenomenon in Brazil, especially in the federal legislative scope. Once the guiding
assumptions on the infraconstitutional laws were fixed, the respective normative instruments issued
by the federal control bodies on such transactions involving foreign capital were analyzed. For
purposes of temporal delimitation, although the normative exposition was complete, it was decided
to shed more light on the changes that occurred between the years 2012 and 2023. due to the changes
brought by Laws nº 13.097/2015 and 13.986/2020 in Laws nº 5.709/1971 and 6.634/1979. The
temporal delimitation was still useful to position the reader about the most recent judicial positions
on the subject of acquisition of rural properties by foreigners and similar, notably in the historical
period after the edition of Opinion nº LA-01, of August 19, 2010. 17 (seventeen) cases decided by
Brazilian Courts were selected. In terms of spatial limitation, we chose to select cases from the Courts
of Justice of the States of São Paulo and Goiás, Federal Regional Courts of the 3rd, 4th and 5th
Regions, the Superior Court of Justice and the Federal Supreme Court. The new configurations of
land and capital that emerged from 2012 to 2023 were investigated, from a legal-legislative
perspective, whether in legal analysis or in jurisprudential analysis. In this perspective, in the end,
the exposition of the capillarity of land grabbing in Brazil was carried out from a critical perspective,
to note the effects of such changes in Brazilian legislation. It was noticed that the easing of Brazilian
legislation on the acquisition of land by foreigners, evidences a deepening of the process of
financialization of land in Brazil and an extension of the phenomenon of land grabbing at the federal
legislative level, in the analyzed period. With regard to the jurisprudential analysis, the results found
were also exposed at the end.
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FARIA, P. H. Aquisição de imóveis rurais por estrangeiros e os efeitos do land grabbing no Brasil: uma análise legal e jurisprudencial no período de 2012 a 2023. 2023. 159 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2023.