Redistribuir por meio do direito. Uma reflexão hermenêutica sobre os conflitos agrários distributivos

Abstract

The proposed theme for debate - “Redistribute through law?” – indicates a law’s function and, therefore, a functional approach the legal – either law or justice. This does not preclude an idea of construction into law’s meaning, thus hermeneutics. Combine such proposals is greatly relevant in a discussion about justice in land distributive conflicts. Thus, we will examine law’s functional character or, in a functional perspective, its merely instrumental character. Yet in this functional approach, we will discuss its distributive possibilities as well as the appropriateness of redistribution for the law. Is the judiciary the place for redistribution? Notably in the agrarian law field, we will speculate as to how redistribution is done in the interpretation/application field or in the construction of law’s meaning, in jurisdictional narratives throughout the distributive conflict composition and solution.