THE SOCIAL FUNCTION OF LAND IN ADI 3865 AND THE BREAK IN THE JURISDICTIONAL PANORAMA IN ITS CONSTITUTIONAL CONCEPT

Abstract

The present study aimed to analyze the social function of land with a focus on the Direct Action of Unconstitutionality 3865, which puts an end to the discussion about the fulfillment of the constitutional requirements established in Law 8629/93 (Agrarian Reform Law) for expropriation purposes. To this end, it was necessary to demonstrate that judicial decisions are capable of contributing to the realization of public policies, when the State does not carry them out, and also, to trace the path that goes from the birth of private property to its socialization that ends with legislation tending to include the social function as part of this property.  Finally, the deductive method of research and literature review was used.