If I had land that was
by the MST would be because I did not fulfil the social function of the land and it was expropriated.
Let us analyse the law:
Art. 9: The social function is fulfilled when the estate simultaneously meets the following requirements, according to the degrees and criteria established in this law:
I – rational and adequate use;
II – adequate use of available natural resources and preservation of the environment;
III – compliance with the provisions that regulate labor relations;
IV – exploitation that favors the welfare of owners and workers.
Let us translate the “legalese”
II- Care for the environment
III- Do not use slave labor
IV- Guaranteeing the welfare of owners and workers
Now that we understand the concept of social function, we can understand that no one invades any land out there and steals the property of a poor wretch who only had one little piece of land. In fact, after the 1988 constitution it was defined that only land that was not..:
They are insurmountable from expropriation for agrarian reform purposes:
II – the productive property.
The law will guarantee special treatment to productive property and will set standards for the fulfilment of the requirements related to its social function.
In other words, those who only have one land and take good care of it, keep it productive, do not enslave people, do not harm the environment, and keep their accounts up to date need not worry about the expropriation law.
Aaaaah but poor people who have their land expropriated and lose their right to private property n….
Do you know why? Because in addition to having their debts forgiven and tax exemption, the owner of that land still receives compensation from the state for his land to be expropriated.
It is incumbent upon the Union to expropriate, out of social interest, for purposes of agrarian reform, rural property that is not fulfilling its social function, by means of previous and fair indemnification in titles of the agrarian debt, with a clause of preservation of the real value, redeemable within a period of up to twenty years, from the second year of its issuance, and whose use shall be defined by law.
Useful and necessary improvements will be compensated in cash.
The decree declaring the property to be of social interest, for the purpose of agrarian reform, authorizes the Union to propose the expropriation action.
It is up to the complementary law to establish a special adversarial procedure, of summary rite, for the expropriation judicial process.
The budget shall fix annually the total volume of land debt securities as well as the amount of resources to meet the land reform programme for the year.
Federal, state and municipal taxes are exempt from the transfer of property that is expropriated for agrarian reform purposes.
“…by means of prior and fair indemnification in titles of the agrarian debt, with a clause of preservation of the real value…”
It wouldn’t hurt to point that out, the reader wouldn’t want to read the law.