SOCIO-ENVIRONMENTAL FUNCTION OF PROPERTY AND THE DEFINITION OF PRODUCTIVE LAND (IM)

an analysis of judges from the Federal Regional Court of the 4th Region in the period from 2015 to 2020

Authors

  • Elizabet Leal da Silva PUCRS
  • Denise Daniel

DOI:

https://doi.org/10.24862/rcdu.v12i1.1340

Abstract

The present study aims to analyze the application of the principle of the socio-environmental function of rural property, in judgments of the Federal Regional Court of the 4th Region in the period from 2015 to 2020, in order to identify how reconciliation of the duty to preserve the environment occurs ecologically balanced with property rights. In addition to clarifying the definitions applied by INCRA to classify land as productive or unproductive, such as the Exploration Efficiency Degree (GEE) and the Land Use Degree (GUT). For a better understanding on the subject, the research enters first in an analysis and bibliographic study of theories and concepts, after that, there is a jurisprudential analysis about some determined judges of the referred Court, seeking to evidence the decisions, and criteria for definition of (im) productive land for expropriation purposes for land reform. Regarding the methodology, this study will be based on bibliographic research with quotes from renowned authors in the area and also in a case study

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Published

2021-04-22

How to Cite

da Silva, E. L., & Daniel, D. (2021). SOCIO-ENVIRONMENTAL FUNCTION OF PROPERTY AND THE DEFINITION OF PRODUCTIVE LAND (IM): an analysis of judges from the Federal Regional Court of the 4th Region in the period from 2015 to 2020. The UNIFOR Law Course Journal, 12(1), 139–155. https://doi.org/10.24862/rcdu.v12i1.1340

Issue

Vol. 12 No. 1 (2021)

Section

Artigos

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