A produtividade como elemento impeditivo da desapropriação do imóvel rural que não cumpre sua função social: uma análise crítica.

Abstract

The focus of this monograph, as it's title says, has a critical analysis about productivity as a factor impeding the expropriation of rural property that is not fulfilling its environmental function. As is known, the Federal Constitution, in its art. 184, provides for the institution of expropriation of farm land that is not performing its social function, whose requirements are listed in both the Federal Constitution and the Statute of the Earth, and refers broadly to a rational and proper land, the respect of labor and environmental laws, and welfare of owners and workers who toil in it. However, the constitutional provision establishing the following insusceptibility of expropriation for agrarian reform of the property that is considered productive. This device generates a serious problem because it entails a breach of the principle stated above, inasmuch as the owners, the search for productivity and profits unrestrained, end up using natural resources in an irresponsible and often abusive that should long since have been eradicated from our objective reality, as the use of labor similar to the condition of slavery. Thus, it is necessary to an exegesis which enables the coexistence of both institutes (art. 184 and 185, II) in the Federal Constitution, so that an effect with its maximum amplitude, avoiding thus the device on the possibility of expropriation for agrarian reform purposes is reduced to mere rhetoric speech due to the shielding arising from productivity. Moreover, the term "productivity" should be understood not only from the merely economic-quantitative, but also in accordance with good agricultural technique and with the own requirements of the principle of social function of rural property. In this vein, it is concluded that the hermeneutic work under discussion is presented in the following terms: it is insusceptible to expropriation for agrarian reform productive property, provided it meets all requirements cumulatively related to their environmental function.