A ação dos movimentos sem terra no Brasil : análise da oposição entre a tutela da propriedade e a busca pela reforma agrária

Abstract

This thesis intends to discuss the possible legitimacy of the actions of the landless movement, which seeks greater realization of land reform policy based on the fulfillment of the social function of property. Thus, we will analyze the historical construction of the concept of property until the current moment is governed by the necessity of its functionalization for achieving public interests of social and economic order, based on doctrinal sources of civil, constitutional and agrarian order. Secondly the historical and legal aspects of social movements will be checked with an emphasis on MST, most emblematic movement in relation to land conflicts in Brazil, in order to prove the legitimacy of its foundation under the legal parameters, as well as social or sociological, from the point of civil disobedience. Also an analysis will be made to the legal- administrative organization for the execution of agrarian reform, so that research-based decisions regarding the operation and characteristics of each of the agencies involved, potential problems that warrant the dissatisfaction of the parties involved, before possible ineffectiveness of land reform policy. Finally, proposals to at least minimize the problems encountered, in order to verify a possible legitimacy to the actions of landless movements will be presented, while also maintaining legitimate owner defense at the same time increasing the effectiveness of public policy can lessen the justification of actions of civil disobedience.