A IMPORTÂNCIA DO DIREITO A PROPRIEDADE NA CONSTITUIÇÃO FEDERAL DE 1988 E O INSTITUTO DA DESAPROPRIAÇÃO AGRÁRIA COMO GARANTIDOR DE SUAS DIMENSÕES SOCIAIS

Abstract

Article 184 of the Federal Constitution of 1988 provides that rural property that is not fulfilling its social function must be expropriated, through indemnification previously determined for agrarian reform purposes. Article 185, on the other hand, provides that small and medium-sized properties are not eligible for expropriation. In this way, the present work will deal with a brief exposition regarding the Institute of Expropriation by Social Interest for Agrarian Reform purposes, which is characterized as one of the most important and controversial of current agrarian law. In view of the above, the present work aims to provide a brief theoretical exposition about the social function of rural property and its requirements (economic, environmental and social); understanding how the concept of today has been constructed over time, that the social function integrates the content of the property; to think of property based on equality, freedom, the right of the individual and the collective subjects belonging to society. Therefore, the bibliographic study was carried out through the reading of sociological and historical texts on the subject of land concentration in Brazil and the context of struggle for land, as well as texts on the constitutional process of 1987-1988 were analyzed, aiming at understand the conflicts that generated the text currently crystallized in the Federal Constitution. Finally, we sought to understand, through pertinent bibliographies, the current infra-constitutional normative landmarks regarding expropriation for the purposes of agrarian reform