Atuação do Poder Judiciário brasileiro nos processos indenizatórios em face do Movimento dos Trabalhadores Rurais Sem Terra em decorrência de ocupação de propriedade rural: a responsabilidade civil diante de um processo de luta pela terra

Abstract

Debates on the agrarian issue and access to land are crucial for the development of democracy, especially when observing Brazil's agrarian structure, which takes care of a space of territorial and social dispute between rural landowners and peasant social movements. In this context, given the complexity of public activism perpetrated by the most relevant social movement in Latin America via the occupation of rural properties, which generates antagonistic opinions in Brazilian society, it is transferred to the assessment of the Judiciary, both in the criminal sphere and in the civil scope, the analysis of the legal consequences of the occupations of rural social movements, through the judicialization of the struggle for land. Among these legal actions are those civil demands proposed by rural owners aiming to apply the institute of civil liability in the face of material damage caused to their rural properties during occupations promoted by the Landless Rural Workers Movement (MST). The analysis of these actions is the proposal of this work, notably in those processes brought against organizations with public registration linked to the MST, under the justification of being an economic group. To this end, through a qualitative approach, an exploratory empirical study was developed through a survey of judicial decisions on processes, digital or digitized and without legal secrecy, filed from 1984 onwards in the Superior Courts, as well as in the Federal Regional Courts and Courts of Justice, both in the second instance, to investigate the reception of such thesis by the Courts, in addition to the proceduralist perspective, individual or collective, applied in the procedural process.