O processo de expropriação de glebas com o cultivo de plantas psicotrópicas.

Abstract

This scientific study it consists of glimpses it about what Much has been argued about the legal institute of the dispossession, subject the whose present time and relevance have attracted the attention not only of jurists, as well as of as much how many they desire, exactly that in perfunctoria way, more good to understand the agrarian reality brasilian. To be easily it explains such interest, either in reason of the approach that hodiernament is given to the property, which second preceitua art. 5°, interpolated proposition XXIII, of the Federal Constitution. It will have to take care of to its social function, either, still, in reason of pungente necessity of better land distribution in ours, country, guaranteed, to one only time, the adequate use of the ground, the nesting of thousands of family unprovided of lands and the consequent reduction of the misery, in part to the absolutely unproductive existence of large state or whose production revela on this side of the waited one. Therefore, the Federal Constitution in its art.243 and 8257/91 law and decree 577/91 calls the attention for a new type of dispossession, the confiscatories that are one of the forms of intervention of the State in the Right of Property, expropriating the immovable object of plantations of psicotropicas cultures, without nothing to pay. The present article, aims at to compare the diverse forms of dispossessions, to define the legal nature of the soil dispossessions that cultivate these species, to define the purpose of the expropriation, to explain what it understands for psicotropicas plants and the legal desapropriatorios procedures.