Aquisição de imóveis rurais por estrangeiros e os efeitos do land grabbing no Brasil: uma análise legal e jurisprudencial no período de 2012 a 2023

• Autor(a) principal: Faria, Paulo Henrique
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• dARK ID: ark:/38995/001300000dq26
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/13025
• topic: Aquisição de imóveis rurais por estrangeiros; Capital transnacional; Função social da terra; Land grabbing; Acquisition of rural properties by foreigners; Transnational capital; Social function of the land; Land grabbing; CIENCIAS HUMANAS

The Constitution of the Republic of 1988, with regard to the acquisition of rural properties by foreigners and similar, took care to establish the differentiation of legal treatment between national and foreign natural and legal persons, at different times, in order to guarantee, for example, the sovereignty over its territory, in order to privilege people, capital and Brazilian products, with the aim of guaranteeing national development, in addition to promoting the construction of a free, fair and solidary society, aiming to eradicate poverty, marginalization and pursue the objective of reducing inequalities. In this vein, a study was proposed on the differences established between foreigners and nationals, originally by the aforementioned Constitution and, subsequently, by supervening laws and normative regulations. By means of a hypothetical-deductive methodological approach, the starting point was the analysis of the general standardization on the subject for a specific proposal. At first, the process of Brazilian territorial formation was investigated, especially linked to the construction of agrarian law in Brazil. The effects of the land grabbing phenomenon in several countries around the world were unveiled, in order to understand the possible current effects of this phenomenon in Brazil, especially in the federal legislative scope. Once the guiding assumptions on the infraconstitutional laws were fixed, the respective normative instruments issued by the federal control bodies on such transactions involving foreign capital were analyzed. For purposes of temporal delimitation, although the normative exposition was complete, it was decided to shed more light on the changes that occurred between the years 2012 and 2023. due to the changes brought by Laws nº 13.097/2015 and 13.986/2020 in Laws nº 5.709/1971 and 6.634/1979. The temporal delimitation was still useful to position the reader about the most recent judicial positions on the subject of acquisition of rural properties by foreigners and similar, notably in the historical period after the edition of Opinion nº LA-01, of August 19, 2010. 17 (seventeen) cases decided by Brazilian Courts were selected. In terms of spatial limitation, we chose to select cases from the Courts of Justice of the States of São Paulo and Goiás, Federal Regional Courts of the 3rd, 4th and 5th Regions, the Superior Court of Justice and the Federal Supreme Court. The new configurations of land and capital that emerged from 2012 to 2023 were investigated, from a legal-legislative perspective, whether in legal analysis or in jurisprudential analysis. In this perspective, in the end, the exposition of the capillarity of land grabbing in Brazil was carried out from a critical perspective, to note the effects of such changes in Brazilian legislation. It was noticed that the easing of Brazilian legislation on the acquisition of land by foreigners, evidences a deepening of the process of financialization of land in Brazil and an extension of the phenomenon of land grabbing at the federal legislative level, in the analyzed period. With regard to the jurisprudential analysis, the results found were also exposed at the end.