OS ASPECTOS DA FUNÇÃO SOCIAL DA PROPRIEDADE RURAL NA EXPROPRIAÇÃO DE GLEBAS ONDE SE ENCONTREM CULTIVO DE PLANTAS PSICOTRÓPICAS

Abstract

This present work analyzes article 243 of the Federal Constitution, its applicability according to the literality of the law. Such an approach is necessary in view of the vacuity of the article already mentioned, as the constituent does not have a disposition on what would be the responsibility of the owner/expropriated, nor on the territorial extension to be expropriated and in the face of such doubt, it was sought through research , to find the answer to this omission, using as a basis other articles that had on the subject, in addition to analyzing articles on the social function of rural property as a premise of respect for a property that is in accordance with legal precepts. The research showed that the absence of legal provision led the judge to interpret and apply the provisions of article 243 of the Federal Constitution in a different way over time and that the responsibility of the owners, as interpreted by the writer Maria Celina Bodin de Moraes, is true full objective civil liability, for not needing to have the expropriated acted with intent or fault.