O PARADOXO EXISTENTE NA CONSTITUIÇÃO FEDERAL EM RELAÇÃO À DESAPROPRIAÇÃO DE TERRAS: a função social da terra e a proteção à sua dimensão econômica

Abstract

The present monographic work has as theme or paradox exists in the federal constitution regarding land expropriation: a social function of the land and a protection in its economic dimension. Initially, they were analyzed as conceptual lines related to the social function of property. In order to do so, a small historical foreshortening was made regarding the formation of latifundia in Brazil, in order to situate such enterprises socially in the Brazilian social context. Then a social function of ownership to be squeezed, so as to encompass as its legal and constitutional nuances. Subsequently, various forms of rural expropriation were analyzed, notably an expropriation for land reform purposes and confiscatory expropriation. A conceptual and procedural issue of such expropriation modalities was addressed. Next, he took care of the social function of the property in the light of the conflicts involving an ownership of the land in Brazil.