As ocupações de imóveis rurais perante o princípio da função sócio-ambiental da propriedade.

Abstract

This academic paper aims to investigate and to relate all the legal, doctrinarian and juridical aspect inherent to the theme, through the using of the method exegeticjuridical, trying on this way a legal fundament to legitimate the importance of the theme chosen. So it will investigate systematically the historical-developed trajectory of the property right, calling attention to the stages marked by the absolutism, the private use and the perpetual use of the land which were part of this right throughout the years. On the other hand, it will analyze the appearance and the scientificphilosophic development of the social doctrine of the property, established by the community and humanist sense, also its repercussion on the actual agrarian society, trying through this to understand and justify the emergence of social movements which claim their right to land, especially the Movimento dos Sem-Terra (MST). This way one will have a detailed apparatus about the social-ambient principal of the property: its concept, its circumstances, its aim, its history, its convergence, its extension and consequences on the social environment, since its beginning until today. So we try to generically embattle the Principal of the social-ambient function of property with the action of taking up land in Brazil, considering the actions as authorized activities by the new constitutional order. We specifically try to show that the action of taking up lands is different from invasions, once the latter are criminal actions and the former are legal ones. We also substantiate in a juridical way the occupation of the unproductive lands by the social movements as legal attitudes based on the constitutional Social-ambient principal of the rural property. To do that, we Will do a study about the analytic conception of crime, using the thesis of the inexistence of crime on the behavior of the peasant without land who takes up unexploited properties, once he acts because an excluding illegality caused by his necessity.