ACCESS TO LAND IN BRAZIL: HISTORICAL HEGEMONY AND COUNTERPOINTS BETWEEN SOCIAL JUSTICE, HUMAN DIGNITY AND SOCIOECONOMIC DEVELOPMENT

Abstract

This article aims to present and analyze the problem of agrarian concentration in Brazil, originated in historical political hegemony, establishing counterpoints between social justice, human dignity and socioeconomic development. As a general objective, access to land and property rights are discussed as effective, marked by landed patrimonialism, confusion between public and private and its ramifications in the Political Power, confronted with the current political-legal regime of the Constitutional-Democratic State of Right. The constitutionalization-promise of land reform, a politicallegal form limiting the exercise of property rights, subordinated to the requirement of fulfillment of the social function, linked to human rights, has become a relevant issue. Reality shows a contradiction between the generic constitutional promise of the right to property and the actual agrarian distribution. Access to land is approached from the critique of patrimonialism and the concentration of rural property without dimensional limits, seeking to achieve social justice and socioeconomic development. The research had as its specific objectives: to analyze the Brazilian legal system, observing how the social function of property, determined in the Constitution, should work to limit the right of property and, consequently, to increase access to land; to highlight the legitimation of the rural social movements, as an expression of resistance to the historical domain of hegemonies that concentrate the land sustained on the principle of property rights; and discuss how the political and socioeconomic structure determines the access to land, observing the transactional dynamics, with the foreignization and territorial disputes. It will be concluded that the historically linked accessconcentration of land and the protective legal fence of property challenge the objectives of the Democratic Rule of Law, whose promise must surpass formal democracy, considering human dignity as the foundation of the Republic and social justice as a fundamental objective to fulfill the commitments of poverty eradication and marginalization and reduction of social inequalities.