FORTUNATO, C. C. L.; http://lattes.cnpq.br/1841214420490044; FORTUNATO, Carlos César Lopes.
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.
