O estado de coisas inconstitucional do sistema fundiário brasileiro

Abstract

One of the main problems of the Brazilian land system is the lack of a single, secure, and transparent land registry. The coexistence of several rural property registries facilitates land grabbing, problems such as tax evasion, the sale of the same land to more than one buyer, the resale of public land titles to third parties as if they had been legally offered for sale through bidding processes, the falsification and demarcation of land purchased with a larger area than originally acquired, the falsification of property titles and certificates, the annexation of public lands to private lands, the sale of land titles attributed to areas that do not correspond to the descriptions of public instruments, and the sale of public lands. Given the flaws identified in the mechanisms and systems related to the Brazilian land tenure situation, especially in Indigenous, Quilombola, and traditional territories, and conservation units, it seems correct to state that the control, exploitation, and use of land linked to the agrarian issue in the country continue to favor structural disputes, lea-ding us to a situation of land tenure chaos and an unconstitutional state of affairs, given the evidence of a continued massive and widespread violation of fundamental rights af-fecting a significant number of people. The general objective of this research is to de-monstrate the unconstitutional state of affairs of the Brazilian land tenure system. The specific objectives are: a) to understand the Brazilian land tenure chaos and its consequent real and symbolic forms of violence; b) to present the concept, origins, main aspects, and judgments regarding the unconstitutional state of affairs in Brazil; c) create and discuss a database containing information on land overlap in Indigenous, Quilombola, and conser-vation unit territories, linking it to data on fires, deforestation, and violence presented by the Pastoral Land Commission (CPT) and legal proceedings; and d) apply economic analysis of law as a criterion to reinforce the unconstitutional status of the land system. The theoretical framework for this thesis is the anthropology of power and Pierre Bour-dieu's ideal of symbolic violence. The theoretical part of the research uses the hypotheti-cal-deductive method, using a literature review as a technique. Furthermore, a Python platform was created for hosting the data, as well as a GeoPandas library—allowing for the manipulation of geospatial data—which demonstrate the current context of funda-mental rights violations arising from land chaos in Brazil. Indigenous territories, quilom-bolas, and conservation units were chosen because they are areas most vulnerable to land overlap. Using shapefiles (maps) of these public areas, linked to information from MAPBIOMAS alerts, two areas per region of the country most affected by deforestation were selected, along with data on fires, lawsuits, and violence, supported by CPT data.