SOCIAL FUNCTION OF PROPERTY AND SMALL RURAL PROPERTY: A LEGAL ANALYSIS OF THE EXCEPTIONALITY REGIME

Abstract

This article investigates small rural properties in the context of Brazilian law, asking: what are the reasons for the insusceptibility of expropriation of these properties for agrarian reform, even when they do not meet the social function provided for in the Federal Constitution and Law No. 8,629/1993? The objective of the research is to analyze the legal exceptions related to the fulfillment of the social function by small rural properties and to understand why these properties are exempt from the same requirements applicable to other types of property. The research is justified by the legal relevance of understanding the motivations of the legislator in granting special protection to small rural properties, even in the face of their failure to fully meet their social function. The methodology adopted was based on an exploratory and qualitative approach, based on bibliographic and documentary research procedures, especially in the analysis of the Federal Constitution, the Civil Code, Law No. 8,629/1993 and Law No. 4,504/1964. The conclusion indicates that, although the Brazilian Constitution establishes the social function as a fundamental principle of property, small rural property is subject to an exceptional regime that exempts it from expropriation for agrarian reform, as long as its owner does not own another rural property.