O princípio constitucional da função social da propriedade na Vara Agrária de Marabá

Abstract

This paper aims to investigate the view of the judges from the Agricultural Court of Marabá as regasd the possibility of demanding the attendance of social function of property in repossession suits taken to judgement. Therefore it was established the understanding of what social function of property on legislation means, doctrine and jurisprudence. It was verified the possibility of requiring the social function of property attendance in repossession suits. Since our Constitution of 1988 establish that property and not the possession attend the social function and not be demanded in our Civil Procedure Code that the repossession suit applicant prove the social function possession attendance in repossession suits. Finally, six repossession suits sentences from the Agricultural Court judges were analysed. The findings showed that the Agricultural Court of Marabá is aligned with a progressive thinking doing an extensive interpretation of the Civil Procedure Code in conjunction with the Constitution of 1988 requiring attendace proof in social function of property in order to have the right to enter repossession suits.