A desapropriação como instrumento jurídico eficaz para fins da reforma agrária.

Abstract

The political institutions have been slowly evolving from primitive manifestations to contemporary age, which influenced the rules of conduct of society. Emerging, thus, the civilizing process through a convergence between the Law and the State, which enable the eminent domain of government on private property, ensuring through some legal instruments better fulfill its social function. Thus, the restrictions on property rights were create in intent to ensure the welfare of society, thus reducing, the individual duty. This way, it is the Union’s intervention in the property, getting under the municipal powers the function of policing and regulatory administratively using the good. In the case of agrarian reform, it aims to promote better distribution of land, contributing to the increase in production and the reduction of inequalities. In this sense, the State will intervene in the private domain, mainly through the expropriation of a movable or immovable property, for public necessity or use by compensation. In light of this context, this study has the general objective of providing information that may contribute to a better understanding of dispossession as an effective legal instrument for agrarian reform purposes. Therefore, it was used as the inductive method of approach, and as a research technique, were used the bibliographic review. It is seen therefore that the dispossession is established through legislative acts, incorporating the well to public property according to the needs and interests of the population, as well as on the social function property, prevailing is the collective good. However, the expropriation for land reform purpose only fulfills its social function when it follows certain criteria and requirements set by the Constitution, seeking rational and appropriate use of the property and its natural resources. Given these facts, it can be understood that the expropriation for social interest enables the best use of the rural property, stimulating the growth of the local economy and the regional development, and provide the balanced occupation of land, reducing social inequalities.