Agrarian reform due to rural property social function

an analysis of the state of Santa Catarina, Brazil

Abstract

The brazilian´s 1988 Federal Constitucion ensured many aspects of extreme social value, wich were meant to give better effectivity on the application of those rights, searching to achive social equality. In its 184 article, was estabilished the instrument of desapropriation for agrarian reform porposes, that legislation theoretically, would give a better distribution of  the farming lands, since the social history of Brazil evidences an extreme imbalance, that goes back since the arrival of the portuguese and then with the fission of the land through hereditary captaincies, untill contemporary time with large estates. This article intend to discuss about the desapropriation for agrarian reform porposes legislation, executing a brief historycal study about that subject, therefore, analyze some geographical data, to see if there is pratical efetivity in the expropriation of the agrarian land to achieve the social functions seeked by the originary legislator. It’s a research, that uses bibliographical and documental methodology - wich includes besides cientific articles and doutrinary pieces, some land-related legislation, like the Brazillian Constitution, land statute of 1969 and Decreto-Lei nº 554 – under a prism of qualifying those law tools. At the end, is possible to comprehend that the agrarian reform has a satisfying legislative apparatus to ensure its propagation, however, there aren’t enough govern incentives and investments to make the reform happen in large scale and with equanimity.