Exercício da autotutela na posse de imóvel rural.

Abstract

The exercise of self-protection in the possession of rural property is a monograph that examines the self-defense and its specificities while legal possibility. It encompasses the historical origin of the institute and its current configuration according to the Brazilian law and also analyzes the ownership of rural property recognizing the need for social function of property to satisfy the legitimate possession of rural property. It makes use of a deductive approach as well as a literature review as research techniques. The research procedure of this study also uses a historical-evolutionary method accounting for the institutions and theories originated in the past that are important for researching their roots to understand their nature and function. By analyzing the law, the study indicates a likelihood of the exercise of private justice deliberately forced, without being, however, a cogent device in relation to the possessor. Still, it adds to the importance of protecting possession to pursue the social function of ownership, as it is analyzed as such. Civil law protects ownership since it is a way of externalizing of property. The agrarian issues that permeate the private justice are addressed in the study because they confirm the presence of land concentration and rural violence. It is also stated that the agrarian issue is a problem which represents the outcome of a historical and social development that confirms the existence of social movements struggling for land and agrarian reform. Conversely, the ownership defense is seen as fragile if the owner does not perform the role of property, because the Constitution guarantees the expropriation of property that does not hold social function, which is presented as a social mortgage for the property, since the granting of the right of property under the Constitution is not absolute, especially with regard to rural property.