Legitimidade e licitude das ocupações de terras pelo MST.

Abstract

The present work approaches, in general lines, the problem of land occupations by the MST (Movimento dos Sem Terra), with the preliminary objective of highlighting the legitimacy and legality of such actions. It appears that the deficiency in the correct application of the normative precepts in the embryonic national agrarian issue, allied to the ranch of public policies, served as a basis for the outbreak of these occupation movements that seek, among other objectives, to provide dignity to the countryman and enable access to land. It is noted that, throughout the ineffective national legal-agrarian history, the MST's philosophy emerges as an instrument of pressure in view of the Brazilian State's inheritance in directing the abundant current legislation in the search for efficient and effective solutions to the problem of access to land . Within this socio-juridical dynamic, the study of the problem of occupations was based, necessarily, on the principles inherent to Constitutional law, when providing for fundamental rights and guarantees, mainly, with regard to Property to meet its social function. In parallel, the study of land occupations was done in an interdisciplinary way with a focus on agrarian, civil, and criminal law. Emphasis was given to Agraria Reform not just as a land distributivism, but as a way of improving rural living conditions. The work also brings, throughout its body, important doctrinal discussions about the subject under analysis, with the transcription of the arguments and the reasons on which the doctrine is based, and, at the end, the personal position on the matter, whatever the legitimacy and lawfulness of the MST's occupations.