Função social da propriedade rural na Constituição de 1988: uma análise tópica da construção teórica de suas possibilidades significacionais

• Autor(a) principal: Costa Neto, Juvencio Almeida
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/123456789/18929
• topic: Função social; Propriedade rural; Interesse social; Tópica jurídica; Dissociação de noções; Social function; Rural property; Social interests; Juridical topic; Dissociation of notions; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The general objective of this dissertation work is to conclusively assess the effective dimension dimension and real scope of the intended meanings, as established in the 1988 Constitution, with the need to conform the property right (article 5, caput and XXII) to the fulfillment of its social function (article 5, XXIII). Particularly to rural properties, the noncompliance with the “social function” was registered as a legal basis for expropriation by social interest, for the purposes of agrarian reform (article 184), and four minimum objective criteria were expressly designed to be concomitantly satisfied, in order to comply with the requirements related to this modality of proprietary functionalization (article 185, sole paragraph, and article 186). It should be noted, however, that although it has been mentioned in the constitutional text seven times, and despite the fact that the article 186 outlines a delimitation of its application through the semantic circumscription of elementary requirements of mandatory compliance by the rural landowner, the constitutional principle of the "social function" does not have its meaning exhausted or sufficiently resolved at once. This study will take place in successive and complementary stages, addressed to the answer to the following question-synthesis of the problematic to be considered: "what are the senses that can be adduced from the normative prescription of 'social function of rural property', as established in the text of the Constitution of 1988? The outline of supposedly objective conditions for the satisfaction of this constitutional norm contrasts with the fact that its meaning has not been sufficiently resolved, aprioristically, and, as a result, it needs a strategic-rhetorical environment in order to be given practical meaning. This study made possible the confirmation, through the topical-problematic and rhetorical-dissociative methodological approach, of the formulated research hypothesis. It was verified that the constitutional institute of the social function of property consists of an open tool for adequacy of the exercise of proprietary powers to the demands of social order formally quadripartited, in the agrarian context, in economic, environmental, labor and humanistic vectors, but (i) the expansion of its significance framework is reasonably possible through inventive appraisal of its principiological approach and (ii) its meaning is currently situationally restricted, in real terms opposable to the mere notional appearance, to only one of the constitutionally established vectors - in particular, the economicist / productivist factor - as an effect of its own systematically boundary limitations.