A REFORMA AGRÁRIA E A EMISSÃO DO TÍTULO DE DOMÍNIO PELA UNIÃO: AS ALTERAÇÕES DA LEI Nº 13.465, DE 11 DE JULHO DE 2017

Abstract

This research has as main objective to demonstrate that the amendment of §4, art. 18 of Law nº 8.629, of 1993, through Law nº 13.465, of July 11, 2017, in the agrarian reform policy, establishing the priority of issuing the Title of Domain to the settler who fully complies with the guiding principles of the Agrarian Reform. This titling materializes the property right of the settler with the destination of the land, making him the owner, instead of just possessor. It is based on the hypothesis that the non-issuance of a Domain Title, in view of the amendment presented by Law nº 13.465, of July 11, 2017, indistinctly benefited the Landless Workers Movement, keeping it as the director and decision-maker of actions in the settlements and the State with the maintenance of the property over the land and provider of assistance, behold, the titling occurred only with the Concession of Real Right of Use. This allocation of the land through the Concession of the Real Right of Use resulted from the fact that it was up to the settlers, individually or collectively, according to the legislation that was once in force, to choose this title. Thus, the State does not effectively comply with the deconcentration of land and change of ownership, nor does the settler have the promotion of the dignity of the human person through the democratization of access to property and its disposal. Social justice is finally achieved when the settler is granted the title of domain over the destined land and the State starts to manage it with the promotion of public policies and social rearrangement in the rural sphere. This work was elaborated in four chapters: the first chapter deals with the agrarian reform and its insertions in the Brazilian constitutions; in the second chapter on agrarian reform policy, concept definition, purpose and forms of land allocation most commonly used; in the third chapter on the preference for issuing the Concession of Real Right of Use, in view of the existence of Law No. 13,465, of July 11, 2017, which amended §4 of art. 18 of Law nº 8.629, of 1993, from whose regulations it is possible to verify the welfare provision of the State and the neocolonialism posed by the Landless Workers Movement; and the fourth chapter demonstrates the importance of issuing a domain title to promote the citizenship of settlers, land democratization and the effective social justice of the State. he research used a quantitative approach through the counting, identification, specification and demonstration of data extracted from the government portals of the Union, from the agrarian bodies of the 26 States, plus the Federal District (DF), as well as documental research, with the search for direct sources in legal literature (lato sensu) and in Agrarian Law manuals. It is intended, with this, that the result of the work will serve for society and the settlers to understand that the title of domain by the agrarian reform policy is beneficial to both, behold, it favors the production of food, the variety of commerce, the it fights hunger and poverty, land democratization and, in particular, the legal security of property for the settled family.