THE SOCIAL FUNCTION OF LAND IN THE LIGHT OF LAW N° 13.465: ECONOMIC AND SOCIAL ASPECTS ABOUT RURAL PROPERTY

Abstract

The objective of this research is to carry out a literature review on the challenges inherent to the effectiveness of the principle of social functions of the land in Brazil, including economic functionalities. Contextualization is due to two legal devices that regulate alterations on land and properties over time, especially to demonstrate the socioeconomic functionality of these types of benefits on those who benefit from the activities. The research problem referred to how Law No. 13,465/17 promotes the discontinuation of the paradigm referring to land regularization that was adopted in constitutional and regulatory legislative nature, configuring a regression to the legal and social field institutionalized in the country, observing land as a moradia that must be presented certain financialirização. For the construction of work, a literature review of a qualitative and exploratory nature is carried out. Among the main results, it is worth highlighting that CF de 1988 presents a history of the legal aspects and disputes about the land in its social role for individuals, taking into account the fragilities of the land's rights. In this way, the importance of the Agricultural Direito is connected to the Direito do Trabalho in order to stimulate adequate social relations between the agents involved in this dynamic, normalizing the exploration of lands in a conjunction where the social function is intrinsically related to the economic view of property. Therefore, the social function of the land exercises a kind of homage to life, given that everyone who fears life requires a territory of moradia and production thinking about subsistence, whether they are animals or humans.