Áreas públicas e a viabilidade técnico-jurídica de incorporação ao plano Nacional de reforma agrária

Abstract

The illegal occupation of public areas perpetrated in the Amazon comes from the way was a "colonization" of the territory. This study aims to analyze the technical and legal feasibility of incorporating the National Plan for Agrarian Reform of the public areas illegally occupied by individuals. Demonstrates the importance of these territorial areas, forms of occupation, the instruments that confer titration or legal safeguard and types of irregularities and frauds perpetrated to circumvent the irregular use. It identifies the types of actions and measures used in the resumption of public areas irregularities and some concrete cases, in addition to legal and administrative foundations for its realization. Finally we analyze the factors that confer delay the processes taken from public areas and to suggest measures to increase rapidly in the merger of these areas. The incorporation of areas unlawfully occupied the National Agrarian Reform Plan, is not feasible because there is too much delay in the seizure of the land. With current government guidelines in order to prevent the expropriation of properties for resumption of public areas will be one of the few outlets for Movement of Rural Workers Without Land, though hampered by prioritizing Regularization on public land in the Amazon and the consequent reduction stock areas embeddable Agrarian Reform. This scenario seems to point to the deepening of social conflicts with the increased demand for land and the decreasing supply of land for the settlement of families. However, it is expected that with the approval of the draft of the new Code of Civil Procedure and with the change of understanding, especially in the judiciary, are given a higher speed of their actions. It is observed that adopting a conception Agrarist / Constitutionalist also in the Federal Court may make the resumption of public areas effective action in the National Agrarian Reform.