A função social da propriedade na obra de Karl Renner e o direito agrário brasileiro

Abstract

The main objective of this dissertation was to understand Karl Renner's social funcion of property theory developed in his book The Institutions of Private Law and their Social Functions and by this means to check if his formulations are still worth and, in this case, if they are usefull to the understanding and well-grounding of the Brazilian agrarian law. We assume from the beggining that all major jurisprudence problems are also grounding issues. The research was a bibliographical one, on theoretical, discursive and exploratory approaches. The socio-political and cultural context in which the author's ideas were developed is presented so as his participation in the Austro-marxist movement of marxist theoretical basis and also his theory. Renner extends the Marxist thinking to the law, supporting the argument that the same legal institutions are used along history to produce diverse situations in such a way that their social functions can change completely due to changes in their environment but lawyers tend to ignore this process. He does so presenting the changes in the property's functions since the simple commodity production period to capitalism.After reading the main Brazilian agrarian authors we realized that their theoretical basis to the understanding of the social function of property and its influence in the law is founded on the axiology proposed by the Catholic Church's social doctrine and it ignores any understanding of Karl Renner's formulations and that this is a limitation on the theoretical basis of the Brazilian agrarian law institutions.