ARAÚJO, B. C.; ARAÚJO, Bruno de Caldas,
Résumé:
The present work seeks to study the occupations carried out by rural social
movements, the search for a consensus: are they a crime or can they be considered
as a means of putting pressure on the State to carry out agrarian reform? Occupation
is used by social movements as a means of provoking social interest in unproductive
property, one of the criteria for its being expropriated. However, its use can be
considered a crime of possession foul, since there is invasion of property of others
during the act. The general objective of the study is to observe these different
conjectures of the occupation, analyzing them critically. The methodology was the
deductive method, using the qualitative approach. The bibliographical research was
carried out in books, laws, magazines and scientific projects. First, the evolution of
the right to property in Brazil is explored, exploring the system of land division
implanted here in the colonial period. Later on, rural social movements and their
origin are discussed, culminating in a brief historical analysis on agrarian reform, its
classic model and the Brazilian model, punctual and permanent. In the sequence, the
critical focus of the occupation, tracing the answer to its typification, as a crime or as
an instrument of pressure for the accomplishment of the agrarian reform. Finally, a
settlement policy based on the Brazilian agrarian reform model will be approached.
