STF validates law that allows expropriation of land that does not fulfill a social function

productive property

The action that questions the norm was presented by the CNA and was judged in the virtual plenary last week

Brasilia DF) – The Federal Supreme Court (STF) unanimously validated provisions of the Agrarian Reform Law that allow the expropriation of land that, even if it is productive, is not fulfilling its social function. The action that questions the rule was filed by the National Confederation of Agriculture (CNA) and was judged in the virtual plenary last week.

For the CNA, it is impossible to demand the two requirements, “either for the conceptualization of productive property, or for the characterization of the social function”. He also argued that allowing the expropriation of productive property that does not fulfill a social function is “Give it the same treatment as unproductive properties.”

For the rapporteur, Minister Edson Fachin, it is “by use, socially appropriate, that property is legitimized”. In his vote, followed by the other ministers, the minister points out that the constitutional text itself “requires, unequivocally, the fulfillment of the social function of productive property as a simultaneous requirement for its inexpropriation”.

The minister also points out that the consequence of non-compliance with the social function is not expropriation, which consists of the forced removal of the good, but expropriation, which aims to indemnify the owner for the loss.

The Constitution establishes that the social function is fulfilled when the rural property simultaneously meets the following requirements: rational and adequate use, adequate use of natural resources, compliance with labor legislation and exploitation that favors the well-being of owners and workers.

*With information from IstoÉ

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