RETURNED LANDS AND ADMINISTRATIVE DISCRICTION: A CRITICAL ANALYSIS OF THE SUPREMACY OF PUBLIC INTEREST OVER THE PRIVATE IN THE LIGHT OF CONSTITUTIONALISM

Abstract

The text critically analyzes the principle of the supremacy of the public interest over the particular, demonstrating that in the current constitutional order, the realization of fundamental rights and guarantees should prevail, since the supremacy status in the direct performance of public administration, if given by activity administrative. Should be guided by the search for the satisfaction of public interests, consistent with the will of the community. Still supporting, the negative and retrograde state view, on the possession of vacant lands, which prohibit constitutional rural usucapion. However, after jurisprudence and legislative studies, it was found that the 1988 federal constitution conditioned the recognition of the possession and acquisition of vacant lands in rural occupations inhabited by agroextractive communities.