A agricultura familiar e a função social da propriedade rural : o caso da região fronteira oeste do Rio Grande do Sul.

Abstract

The proposal of this master´s dissertation is to analyze the effective fulfillment of the social function of the rural property in the West Frontier Region of the Rio Grande do Sul, in special, the segment of family agriculture. The objectives had leaned over on the characterization of the economic, ambient and social situation of family agriculture in the West Frontier Region of the Rio Grande do Sul; and the analysis of the social function of family agriculture in the West Frontier Region to the light of the legal rules. The research was developed having as space clipping the municipality of Alegrete in function of its representation in searched region and, also, for possessing the biggest area in the region in epigraph and of the state. The used method of boarding was the dialectic for being a method whose focus is the contraposition and contradiction of ideas that lead to other ideas. Along this line, one searched to bring the legal aspects of the social function of the country property, it´s requirements constitutional and the practical quarrel on the subject having as base in the referring data to the familiar agriculture of the searched region by the application of 145 questionnaires on family agriculture establishments in the municipality of Alegrete. The effective Brazilian Constitutional text already establishes the objective requirements to the conceptualization of social function. This definition eliminated the concept of social function of the property of the field of the abstractions, allowing that the landowner diligences in the direction to take care of to the requirements that are made to it, devoting itself, equally, the legal security in the property relations. In Brazil, family agriculture occupies 84.40% of agriculture establishments: 85.75% in the State of the Rio Grande do Sul; 58.42% in the West Frontier Region the Rio Grande do Sul and, in the municipality of Alegrete, of the 2,736 establishments existing, 1,602 are of family agriculture, 58.55%, in accordance with the Law n.º 11.326/2006. Regarding the fulfillment of the social function of rural property should be no greater Constitutional enforcing labor laws, tax, environmental and human dignity. And in case that article 186 of the Federal Constitution is breached by the agricultural proprietors, more lands will remain subject to expropriation for agrarian reform, a situation that will also benefit the collective, also contributing to brighten up the social inequality in the field. The social function of the rural property is a not only legal concept, but also with deep social repercussions, since the land is indispensable to the development of the agricultural economy, regional development and hence to the national development. This is the summary of the boarded content and approach discussed in this dissertation presented to the Postgraduate Course Program in Regional Development – PPGDR / Master´s from the University of Santa Cruz do Sul - UNISC.