The Federal Supreme Court (STF) rejected an action filed by the National Confederation of Agriculture (CNA) challenging sections of Law 8,629/1993, which regulates provisions related to the possibility of expropriation of productive lands that do not fulfill their social function. The country’s high court established the understanding that rural property, even if productive, must fulfill a social function.
The vote of the rapporteur, minister Edson Fachin, highlighted that it is “through socially appropriate use that property is legitimized”. The understanding was followed by ministers Alexandre de Moraes, Cármen Lúcia, Rosa Weber, Luiz Fux, Luís Roberto Barroso, Cristiano Zanin, Dias Toffoli, Gilmar Mendes, André Mendonça and Nunes Marques.
Since 2007, the CNA had been trying to contest sections of the 1993 agrarian reform law. The STF’s analysis of the case ended at the beginning of September.
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For Paraná jurist Carlos Marés, cited in Fachin’s decision, even if productive, a property must comply with constitutional requirements, such as respect for human and labor rights and the environment.
“Productivity does not mean profitability. The constitution highlights that productivity must serve human production, and that it also protects nature, does not exploit workers and creates well-being. A land that produces toxic poisons or that exploits the environment improperly is against the law. Even if it generates profitability, it hurts productivity”, he reflected. “What the Supreme Court has now decided is the reconciliation of two provisions: what prevents the expropriation of productive lands and what allows the expropriation of lands that do not fulfill their social function”, adds Marés.
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Bruna Zimpel, from the national directorate of the MST, reinforces the importance of the need to fulfill the social function of the land. “In our assessment, it is of fundamental importance to keep the law as it is, because it ensures that agrarian reform actually occurs, and also guarantees that the amount of land we have in Brazil serves everyone and not just the interests of capital”, she highlighted. .
Source: BdF Paraná
Editing: Lia Bianchini