THE SOCIAL FUNCTION OF RURAL PROPERTY

NEW LEGAL CHALLENGES IN THE FACE OF DIGITAL LAND GRABBING

Abstract

The objective of this scientific article is to analyze the irregular appropriation of Brazilian lands, one of Brazil's major historical challenges, marked by land concentration, the fragility of records, and the persistence of illegal land grabbing (grilagem). Since the colonial period, the absence of an effective agrarian policy has consolidated inequality in land access, favoring illicit practices of document falsification to legitimize irregular possessions. Thus, the lack of a fair land distribution and the irregular appropriation have worsened over time. This research, qualitative in nature and based on the deductive method, begins by analyzing constitutional and infra-constitutional norms, especially the social function of property provided for in article 5, XXIII, and article 186 of the Federal Constitution, contrasting them with the practices of traditional illegal land grabbing and, more recently, with the so-called "digital land grabbing" or "digital grilagem." Digital land grabbing refers to the electronic manipulation and falsification of data in public registry systems, which poses a new challenge to agrarian and environmental law. Therefore, the research shows that the irregular appropriation of land, in any of its forms, compromises the social function of property, undermines agrarian justice, and increases conflicts in rural areas. Not only that, but the use of artificial intelligence, integrated with efficient public policies, is also proving essential to safeguard legality, promote the equitable distribution of land, and ensure the effectiveness of the social function, a central pillar of the Brazilian agrarian legal system.