A função socioambiental da propriedade como garantia constitucional e a realidade dos latifúndios brasileiros

Abstract

This work aims to investigate the current Brazilian agrarian situation, through the constitutional reading of the socio-environmental function of property. Private property is not an absolute and unrestricted right, but it is a positive right, being conditioned, in the exercise of its exploitation, to conducts that guarantee the rational and adequate use, the adequate use of available natural resources and the preservation of the environment. To this end, the work reports the legal transformations that private property underwent in Brazil, from the colonial occupation to the promulgation of the 1988 Constitution, which recognized Environmental Law as a fundamental and intergenerational right, elevating the environment to a third generation right. . In this sense, we sought to highlight the form of economic exploitation of the predominant rural properties, that is, the large extensions of land submitted to a single owner or squatter, with the greater aim of observing the fulfillment or otherwise of their socio-environmental function, evidencing, therefore, a chaotic scenario in terms of predation and environmental degradation, given the techniques employed, such as unrestricted deforestation, burning, abusive use of pesticides and all other consequences arising from the desire for precision agriculture, a reflection of export and commodity policies. Therefore, the research question that the present work sought to answer was the following: how do Brazilian latifundia, in their economic aspirations, fulfill the socio-environmental function of rural property? Thus, the methodology used was bibliographical research, using articles, doctrines, analyzes of legislation, dissertations and theses, in order to highlight and respond to the problem. The present study, therefore, was able to conclude that there is a need to give greater practical effectiveness to the environmental control legislation of the activities that make up agribusiness, acting on the causes of this low density of (social) compliance and the inertia of the public power, with regard to implementation of agrarian reform in cases of disrespect to the ecological principle of those who own large properties. There is an urgent need to give practical effectiveness to the protective principles and norms of environmental health, included in the social function of property and in agrarian policy, until now relegated to the condition of a true dead letter of the law, under penalty of constituting for future generations an environmental liability that can never be recovered.