Direito à propriedade privada: desafios do judiciário em conflitos fundiários da zona rural de São Luís/Ma

Abstract

The rural area of São Luís, following the same situation as the rest of Maranhão, is the scene of numerous conflicts over land that culminate in actions appreciated by the Judiciary. The confrontations caused by different interests continue to grow, as well as the invasions of public and private areas, leading to the questioning of the aforementioned power's capacity to well address the issue that is extremely relevant to several other aspects of society, especially economic development itself local. In view of this context, the research discussed the history of local ownership of land, demonstrating the importance of property ethics for the resolution of concrete cases, as well as formulating propositional notes to the performance of authentic interpreters in a panorama of responsible land governance, law constitutionalized civil law, land tenure regularization, legal security, correct system of incentives and the recent establishment of the Agrarian Court in the state, in order to envision a dogmatic legal model on the subject. To this end, methodologically, the research has a qualitative approach, being, in terms of objectives, descriptive and propositional, using the tool of deduction and technical bibliographic and case study procedures, as it examines the lawsuits related to the "Fazenda Formigueiro I-A”, which comprises an area that remained sub judice from 2007 to 2015, yielding several analyzed interventions.