Ocupação de terras no Brasil: crime ou instrumento de pressão para a realização da reforma agrária.

Abstract

The present work seeks to study the occupations carried out by rural social movements, the search for a consensus: are they a crime or can they be considered as a means of putting pressure on the State to carry out agrarian reform? Occupation is used by social movements as a means of provoking social interest in unproductive property, one of the criteria for its being expropriated. However, its use can be considered a crime of possession foul, since there is invasion of property of others during the act. The general objective of the study is to observe these different conjectures of the occupation, analyzing them critically. The methodology was the deductive method, using the qualitative approach. The bibliographical research was carried out in books, laws, magazines and scientific projects. First, the evolution of the right to property in Brazil is explored, exploring the system of land division implanted here in the colonial period. Later on, rural social movements and their origin are discussed, culminating in a brief historical analysis on agrarian reform, its classic model and the Brazilian model, punctual and permanent. In the sequence, the critical focus of the occupation, tracing the answer to its typification, as a crime or as an instrument of pressure for the accomplishment of the agrarian reform. Finally, a settlement policy based on the Brazilian agrarian reform model will be approached.