A função social da terra na perspectiva do STF: uma análise da crítica hermenêutica do direito à ratio decidendi jurídica

Abstract

This study deals with a critical analysis of the decisions of the Supreme Court, after the promulgation of the Constitution from 1988 to the present day, on the Constitutional agrarian matter. Articles 184 to 186 of the Federal Constitution regarding the fulfillment of the social function in expropriation for Agrarian Reform purposes. Decisions will be taken regarding the judgments handed down by the Federal Supreme Court under the research field "Social Function of Rural Property", which will seek, through the Hermeneutic Critique of Law, to understand if these decisions meet the precepts Constitutional, mainly to the agrarian social justice yearnings, under the terms of art. 170 of CF/88. Thus, it is intended to establish, through the CHR, conditions for the construction of a theory of decision in Agrarian Constitutional matters that prevent the subjective or arbitrary effects arising from the gap between the dogmatism of the theory of Law and the interpretive practices of jurists.