A (in)efetividade da reforma agrária por meio judicial: estudo a partir das ações de desapropriação do noroeste goiano
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2023-03-30
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Universidade Federal de Goiás
Resumo
The action of expropriation for agrarian reform purposes is regulated in the Federal Constitution of 1988, as well as in
infra-constitutional laws, such as the Land Statute (Law n. 4.504/64), Law n. 8.629/93 and Complementary Law n.
76/93, the latter regulating its procedure in the judicial sphere. However, the model of judicial expropriation for
agrarian reform along the lines established in the aforementioned laws did not manage to structurally change the
framework of land concentration in Brazil, as it is a very bureaucratic, time-consuming and costly procedure for the
treasury, with the Constituent Assembly 1988 missed the chance to simplify this model, reducing costs and procedures.
This research is based on discussing and analyzing the reasons for this procedure, both through discussions before and
after the 1988 Constitution and what role the Judiciary plays in resolving these conflicts, also analyzing the existing
dichotomy between the right to property and its function Social. In order to carry out this study, a research method
with a mixed focus (quantitative and qualitative) and documental focus was used on the administrative and judicial
processes of INCRA that gave rise to the aforementioned expropriation actions, in order to prove the general objectives
of the research, in the sense of understanding why judicial expropriation actions in the proposed model take so long
and if this model ever proved to be effective. In order to respond to the object and problem of the research, the
expropriation processes filed by INCRA (National Institute of Colonization and Agrarian Reform) in the Northwest
region of Goiás (Rio Vermelho region), which comprises the cities of Goiás and Faina, encompassing the entirety of of
12 (twelve) lawsuits filed by the aforementioned federal autarchy, in progress or that were in progress at the Federal
Court of the Judiciary Section of Goiás, in order, based on their analysis, to try to understand whether the agrarian
reform program, through the action of expropriation , is being duly complied with and having an effect or, if not, what
are the phenomena that contribute to this judicial institute not being effective, calling into question whether there was
even interest in agrarian reform by the 1988 Constituent to insert it in the constitutional text the need for a judicial
process of expropriation for this purpose, where it is concluded that this model is outdated and needs isa be
immediately rethought.
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LEAO, J. B. I. A (in)efetividade da reforma agrária por meio judicial: estudo a partir das ações de desapropriação do noroeste goiano. 2023. 161 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2023.