A desapropriação de imóveis rurais para fins de reforma agrária à luz do princípio da proporcionalidade

Abstract

It seeks to demonstrate the conflict between the right to property and the right of agrarian reform, based on a historical-constitutional analysis of the theme, highlighting, also, the different socioeconomic realities experienced in the countryside. The means used to collect data on the subject matter of the work, comprehensibly comprised the exploration of doctrinal sources, as well as the consideration of jurisprudential understandings that face the subject of the expropriation of rural properties for the purpose of agrarian reform. It was initially decided to examine the characteristics of one of the constituent elements of property rights, that is, the social function of rural private property. In a second phase, the present work highlights the Brazilian agrarian reality, highlighting the conflicts generated by the relations between the agents that work in the field. At this stage, important regulatory sources were highlighted in the regulation of agrarian policies, these being the Land Statute and Law No. 8.629 / 93, which deal with the agrarian reform institute, besides addressing the dependence that has a process of democratic agrarian reform, of effective agricultural policy planning. Regarding the third stage of work, the need to impose limits on the performance of the Public Power in the private domain has remained proven, so that the right of private property is preserved, thus guaranteeing the country's economic and social order.