Revistes Publicacions URV: Revista Catalana de Dret Ambiental> 2020

The Socioenvironmental Function of Rural Property: Building a New Proposal for the Resolution of Land Disputes in the South of the State Bahia, Brazil

  • Identification data

    Identifier: RP:4225
    Handle: https://hdl.handle.net/20.500.11797/RP4225
    Authors:
    Kohlman Rabbani, Emilia RahnemayCarregosa Rabbani, Allívia RouseNarezi, GabrielaRahnemay Rabbani, Roberto Muhájir
    Abstract:
    Rich in natural resources, Brazil is a country of continental proportions facing major social problems, many of which linked to the unequal distribution of land. In this regard, much land in Brazil fails to meet the principles of rational and adequate use, in terms of productivity, preservation of the environment, and labor relations. This article outlines the legal framework governing the socioenvironmental function of property in Brazil and examines how the interested parties in land disputes in the south of the State of Bahia have reached a peaceful consensual solution to conflict. Based on this analysis, we present a model that can be applied to similar disputes. We conducted a review of relevant laws and judicial decisions and analyzed documents relating to disputes between the forestry company Veracel Celulose S.A. and family farmer associations between 2009 and 2016. Our findings show that, despite the fact that the normative base of the settlements is effectively grounded in the notion of the social function of property, absolutely no mention of the principle was made by the parties and legal actors during the process or in the agreements: the solution came about as the result of a consensus reached by two interested parties. This could therefore be said to be a case of “judicial redundancy”, whereby the key underlying legal principles relating to the social function of property were fulfilled without resorting to the courts.

  • Others:

    Author, as appears in the article.: Kohlman Rabbani, Emilia Rahnemay Carregosa Rabbani, Allívia Rouse Narezi, Gabriela Rahnemay Rabbani, Roberto Muhájir
    Keywords: land disputes
    Abstract: Rich in natural resources, Brazil is a country of continental proportions facing major social problems, many of which linked to the unequal distribution of land. In this regard, much land in Brazil fails to meet the principles of rational and adequate use, in terms of productivity, preservation of the environment, and labor relations. This article outlines the legal framework governing the socioenvironmental function of property in Brazil and examines how the interested parties in land disputes in the south of the State of Bahia have reached a peaceful consensual solution to conflict. Based on this analysis, we present a model that can be applied to similar disputes. We conducted a review of relevant laws and judicial decisions and analyzed documents relating to disputes between the forestry company Veracel Celulose S.A. and family farmer associations between 2009 and 2016. Our findings show that, despite the fact that the normative base of the settlements is effectively grounded in the notion of the social function of property, absolutely no mention of the principle was made by the parties and legal actors during the process or in the agreements: the solution came about as the result of a consensus reached by two interested parties. This could therefore be said to be a case of “judicial redundancy”, whereby the key underlying legal principles relating to the social function of property were fulfilled without resorting to the courts.
    Journal publication year: 2020
    Publication Type: info:eu-repo/semantics/publishedVersion info:eu-repo/semantics/article