THE SOCIAL FUNCTION OF LAND TENURE AND THE FIGHT AGAINST LAND GRABBING IN THE STATE OF PIAUÍ: THE ROLE OF AGRARIAN CONTRACTS IN BUILDING LAND GOVERNANCE

Abstract

The article investigates the social function of possession within the framework of Brazilian agrarian law, with an emphasis on the land tenure reality of the state of Piauí. Based on a historical-dogmatic and institutional approach, it analyzes the theoretical evolution of possession, from the classical subjective and objective conceptions to its contemporary reconfiguration in light of constitutional principles, especially within the scope of constitutional civil law. The study highlights land grabbing (grilagem) as a central practice that undermines the social function of possession, revealing its effects on legal certainty and land inequality, particularly in areas of agribusiness expansion. It then examines the role of institutional changes in addressing land grabbing, arguing that confronting the problem requires not only normative reforms but also a discursive reconstruction of the legal meanings attributed to land. Finally, the article argues that agrarian contracts, when formalized in a socially oriented manner and aligned with constitutional principles, can serve as effective instruments of land governance and social inclusion, contributing to distinguish legitimate possession from fraudulent occupations. Based on the systemic theory of contract and the notion of dynamic reciprocity, it proposes a contractual reformulation that reinforces the social function of possession, promotes agrarian justice, and addresses the asymmetries that sustain land grabbing in the rural areas of Piauí.