Navegando por Assunto "Direito agrário"

Agora exibindo 1 - 2 de 2

A legitimação fundiária do imóvel público na REURB e sua discussão constitucional (ADI 5.883/STF): teorias socioeconômicas da posse em áreas devolutas e sua aplicação prática
(Centro Universitário do Estado do Pará, 2022) Teixeira, Ricardo Santiago; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
Brazil was colonized by the Portuguese using a Portuguese normative system, based on possessions for cultivation, demarcation, housing and payment of tributes. This is how the Brazilian land system was born, with possessions and their social, economic and labor functions, which is why all Brazilian lands are considered public in their origin. The present study seeks to analyze the possibility of applying urban land regularization, based on the REURB Law (no. emphasis on the prohibition of adverse possession of public lands and absence of compensation for the loss of land. By approaching the subject in a qualitative way, the objective is to better understand the new legal institute of land legitimacy and its constitutional discussion; with applied research, it is intended to find the best solution for land legitimation in public lands and with bibliographic research on doctrines, laws and jurisprudence, an analysis is carried out on themes of constitutional, civil and economic law, emphasized in the theories of the social function of possession and ownership. This analysis is necessary to confront the basic problem, given the constitutional prohibition of adverse possession of public lands, to address the general objectives regarding land legitimation in the REURB, as well as the specific objectives on the original acquisition of property, both public and private lands, and its allegedly affected constitutional confrontations. As it is a topic under constitutional discussion, with great possibilities of directly affecting any occupant of a consolidated informal urban nucleus, the research becomes relevant not only juridically but also socially and economically. In the end, it seeks to identify the extent to which unregistered public property, informally occupied by a private individual, fulfills its socioeconomic function, as well as whether land legitimation could solve this problem of regularization.
Direito de posse de bem público dominical na zona rural e o princípio da função social da propriedade: uma ponderação de conflitos constitucionais acerca dos direitos fundamentais em face da posse de bem público dominical na zona rural e do princípio da função social da propriedade
(Centro Universitário do Estado do Pará, 2019-06-17) Rocha, João Marcelo de Oliveira; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201
This study had as goal to analyze the right of ownership of private entities over Dominical Public Properties, focusing on rural properties. It’s a monography, created from a bibliographical research, as well as from the description of doctrinal positions about the proposed subject, and also, supporting on the Brazilian jurisprudence about the subject we proposed to expose. To fulfill such objective, some information sources were utilized, highlighting the books, scientific articles and judicial decisions, looking to comprehend, through multiple branches, the analyzed problem. On this research, the ownership of dominical properties and all the related concepts were analyzed, as well as the necessary conditions to get the permit to it. For such, firstly, we analyzed the concepts of Dominical Public Properties, focusing on the Vacant Lands, that, when considered unoccupied areas, are frequently target of rural possessory conflicts, presenting all the legal history of those properties and the conditions to obtain the ownership of private entities. On the same chapter, the research aimed to bring the concepts and theories related to ownership and public properties ownership. On a second moment, the research seeks to analyze the indispensable principles to the theme, such as the Principle of the Social Function of the Property and the Principle of the Supremacy of the Public Interest. Finally, on the final chapter, we demonstrated the practical implications of the analyzed theories throughout the research, exposing and analyzing jurisprudential decisions and the doctrinal positions on the problem.