THE INDISPENSABILITY OF LEGAL REGULATION IN THE RURAL FIELD BY CONTEMPORARY AGRARIAN LAW – AN ANALYSIS OF THE WORK “THE DEMOCRATIC REGULATION OF SURPLUS IN THE RURAL AREA

THE STILL INDISPENSABLE AGRARIAN LAW” BY JOÃO PAULO DE FARIA SANTOS

Abstract

This review aims to critically analyze the doctoral thesis of João Paulo de Faria Santos, entitled "The Democratic Regulation of Surplus in the Countryside: The Still Indispensable Agrarian Law," which defends the continued relevance of legal regulation in the Brazilian countryside. To support this thesis, the author presents the historical, political, and legislative perspective of the agrarian question, aiming to understand the formation of Agrarian Law as a branch of Economic Law. Additionally, the transition of land into an economic good (commodity) tradable in the land market is examined. This good, therefore, is strategically stripped of its collective dimension to acquire an individual/private character, protected by Modern Law as an absolute right. However, as a result of the global crises of the late 19th century, a new way of thinking about Law emerged, resulting in the creation of Economic Constitutionalism and the recognition that property has a social function of a collective nature. In the Brazilian context, the author presents how the agrarian question has been addressed since colonization, through the Land Statute (considered fundamental for the institutionalization of Agrarian Law) of 1964, and culminating in the Federal Constitution of 1988. It can be concluded that, given the paradoxes witnessed in Brazil, such as hunger coexisting with bumper crops and the growth of "Agribusiness Law," the role of the State and agrarian reform remain crucial for sustainable development and for safeguarding the public interest.