Projeto de assentamento Paiol: um estudo de caso à luz do cumprimento da função socioambiental da propriedade em Cáceres-MT

Abstract

Rural properties play a fundamental role in the economic and social relations of the country, even though they are concentrated in the hands of a few owners. The Agrarian Reform seeks to reverse this situation through land expropriation. The legal regulations of land ownership has its mainstay in the Magna Carta 1988, given that the social function integrates the own property rights. That is, the social function underlies inside the property right, it even determines its content. Thus, to examine the rules governing the rural land productivity the constitutional system should be considered as a whole. Therefore, the Constitution authorizes the compatibility from the provisions of articles 184, 185, II, and 186, combining the contents of productive property with the social function considering the legal regime of land ownership, the rationale and objectives of the Federative Republic of Brazil, the model of Democratic Rule of Law, fundamental rights, the principle of human dignity as well as, the indispensability of execution of agrarian reform. Besides that, it is perfectly possible to harmonize, yet with the discipline of environmental sustainability. In this sense, constitutional interpretation leads to the conclusion that the elements that integrate the social function of land ownership, namely, the economic, environmental and labor are part of the concept of productive property.