Reintegração de posse em terras objeto de reforma agrária: uma análise sob o ponto de vista Jurisprudêncial e legal.

Abstract

The study analyzes the repossession of land designated for agrarian reform from a jurisprudential and social perspective. The objective is to understand the correlation between land occupations carried out by social movements, such as the MST, and the expropriation processes conducted by INCRA. To this end, the deductive method is adopted, based on legal doctrines and legislative analysis. The study addresses the legal framework of agrarian reform in Brazil, highlighting the social function of land and INCRA's role in expropriation and land regularization. It also examines the role of occupations in signaling unproductive properties and their influence on government actions. However, the study demonstrates that agrarian reform faces significant legal obstacles. The study concludes that the interdependence between INCRA and social movements creates a paradox: while occupations drive agrarian reform forward, they are also used as an argument to block it judicially. To overcome these challenges, it is suggested that the current regulations be revised and that the Judiciary adopt a more balanced approach, ensuring the democratization of land access and the fulfillment of the social function of property.