O princípio da função social da propriedade agrária como legitimação de ausência de reforma agrária
Nenhuma Miniatura disponível
Data
2019-04-02
Autores
Título da Revista
ISSN da Revista
Título de Volume
Editor
Universidade Federal de Goiás
Resumo
The principle of the social function of property is considered a central principle in Brazilian
Agrarian Law. Its inclusion in the legal system was seen by scholars as a milestone in view
that the legal institute preaches the overcoming of the individualistic conception of property
rights, viewing property as a good that is intended to satisfy social needs and not only of its
owner. Currently, the social function of property is an instrument used to carry out the
expropriation by social interest for agrarian reform purposes, as provided in articles 184 and
186 of the Federal Constitution. It occurs that the lack of significant results regarding the
agrarian reform in the country, evidences the weaknesses of this legal instrument in this
agrarian context, opening space for the present critical analysis. The present study brings a
new perception and approach about the social function of property. It seeks to observe the
principle as a political, economic and legal institute. Through an analysis of its historical
foundations, it is possible to understand that its creation occurred in a context of Economic
Liberalism, period of economic changes and instabilities. The theory of the functionalization of
the private property of the means of production was created for the maintenance of the
capitalist system, as a response to the vulnerabilities of the current system, that is, the risk
of stagnation of a production good as important as the land, without concerned with a proposal
for social rights. The institute is, therefore, a reaffirmation of private property and its political-
economic foundation. Also, through Critical Theories of Law, namely, Marxist theory and Legal
Realism, it is possible to understand that the social function of property is not the appropriate
legal instrument to support agrarian reform. Marxist theory gives us the foundation that many
prescribed rights would only appear as the search for the common good, covering ideological
foundations of the capitalist system, but what really prevails are the privileges of the ruling
class. According to Marx, what really prevails in the relation between civil society and the state
is precisely the capitalist economic model, highlighting individualism, inequality, exploitation
of the less favored classes and the prevalence of the dominant economic class. Finally, an
analysis of the social function of property through the theory of Legal Realism is made. This
theory gives us an analysis of the interpretation of legal norms, demonstrating that the legal
norms are not endowed with a precise meaning before being object of the interpretation
activity, being that the conceptions and value judgments of the legal interpreters influence in
the application of the norm. Thus, through the analysis of judgments, it is observed that the
Judiciary still has a conservative stance against social movements, making it even more
difficult to carry out an agrarian reform.
Descrição
Citação
TABATA, Josiane Santos Farias. O princípio da função social da propriedade agrária como legitimação de ausência de reforma agrária. 2019. 113 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2019.