Joaquim Basso

Sustentabilidade, segurança alimentar, transgênicos, agrotóxicos, mudanças climáticas, reforma agrária, desapropriação, índices de produtividade, agricultura (familiar, empresarial), pecuária, políticas agrícolas, produção orgânica, indígenas, quilombolas, empresários rurais... A propriedade rural produtiva, apesar de invocar temas tão presentes no cotidiano político-econômico brasileiro, não tinha recebido um estudo jurídico à altura da complexidade que sua análise envolve. A presente obra é inovadora na sua abordagem, revelando a atualidade dos assuntos que envolvem o Direito Agrário, central em diversos dos maiores desafios de nossa sociedade.

It has become increasingly common legal provisions that expressly deal with future generations and their necessary protection. The combination of issues concerning future generations and agricultural activities, despite their undeniable relevance, has been a gap in scientific research in the legal area. The objective of this article is to discuss the legal consideration of future generations and determine their influence on the Agrarian Law, in particular with regard to land ownership. We conclude that the legal consideration of future generations is imperative observance in the context of sustainability and is able to reframe the notion of land ownership.

Os deveres fundamentais são categoria jurídica que tem sido deixada em segundo plano pela doutrina, por diversas razões históricas. Persiste a lacuna de uma sistematização do regime desses deveres fundamentais, que têm sido tratados de forma perfunctória ou esparsa pela ciência jurídica. O estudo busca trazer o embrião dessa sistematização. Conclui-se que esses deveres devem estar previstos no texto constitucional, de forma implícita ou explícita; podem ser autoaplicáveis, mas, em regra, terão estrutura bifásica; são cláusulas pétreas, enquanto forem considerados fundamentais; sujeitam-se a limites perante outros deveres fundamentais, direitos fundamentais e princípios constitucionais, e, por outro lado, também impõem limitações a esses direitos e princípios. São abordados alguns deveres fundamentais em espécie a título exemplificativo.
Palavras-Chave: Dignidade da pessoa humana; deveres jurídicos; solidariedade; colisão; eficácia horizontal.
Abstract: The fundamental duties are a legal category that has been left in the background by the doctrine, for various historical reasons. There remains a gap of a systematization of the legal regime of fundamental duties, as they have been treated perfunctory or sparsely by legal science. The study seeks to bring the embryo of this systematization. It is concluded that these duties must be referred in the Constitution, either implicitly or explicitly; can be self-applicable, but in general, have a bipha-sic structure; are unchangeable constitutional rule, while considered fundamental; subject to limits before other fundamental duties, before fundamental rights and constitutional principles, and on the other hand, also impose limitations to those rights and principles. Some fundamental duties were addressed specifically, as example.

Não há dúvidas de que a principal fonte de alimentos da Humanidade são as atividades agrárias, que hoje enfrentam o problema de necessidade de expansão, eis que a população crescente exige cada vez mais alimentos, como também precisa encontrar uma forma de satisfazer a essas necessidades sem comprometer as futuras gerações. É necessário analisar essa encruzilhada do ponto de vista jurídico, eis que o Direito pode contribuir com uma orientação mais ética, essencial para solucionar o problema da fome. O presente artigo busca, a partir de pesquisa bibliográfica e documental, sobre legislação nacional, estrangeira e internacional, verificar se o Direito Agrário brasileiro tem sido útil para a solução da questão da segurança alimentar. Conclui-se em sentido negativo, mormente porque as normas jurídicas ainda não acompanham os vários desafios que essa busca demanda, principalmente no cenário nacional, sendo necessário empreender modificações com o intuito de colocar a segurança alimentar como objetivo central de todo o Direito Agrário, rumo a um Direito Agroalimentar. Nesse sentido, são feitas diversas sugestões para modificações no ordenamento jurídico, almejando soluções concretas ao tema.

The Brazilian Constitution acknowledged the rights to the lands traditionally occupied by Indians, and their social organization with all its cultural elements. However, these measures did not receive effective implementation by the Brazilian state. This study aims to relate multiculturalism to sustainability, having as object the acknowledgment of the right to indigenous lands. The foundations for the concept of multiculturalism are explained and the debates that this concept implies, with emphasis on indigenous issues. Then it is discussed the recognized indigenous rights in both international and domestic law, with focus on the right to Indian lands, pointing to, among other considerations, the inapplicability of most of the current Brazilian Statute of the Indian. Afterwards, the concept of sustainability comes up, with notes about pertinent literature, to be linked to the recognition of indigenous lands and the relationship of the Indians to the environment and their lands. We conclude that it is necessary to contextualize the constitutional recognition of the right to indigenous lands to a multicultural ideal and that the law already recognizes that this understanding can greatly contribute to the goal of sustainability.

For nearly a century, the world Constitutions brought the social function of property as an obligation to the owner, and the Brazilian 1988 Constitution is emphatic and ostentatious on the matter. However, other limitations and
restrictions were required, most recently, from the owners, mainly agrarian ones, leading to questions about whether the social function is sufficient to consider lawful the exercise of property rights. The objective of this study is to determine if that is correct, particularly with regard to land ownership. For that purpose, it was studied the legal content of this notion in the Brazilian legal system and
then it was confronted with the rest of the land ownership regime, under the 1988 Constitution, in order to verify, in the end, if the former (legal content) is
sufficient to meet the latter (rest of the regime). It is concluded that the social
function of rural property is not enough to consider legally acceptable the exercise
of property rights, which require compliance with many other conditions,
especially the right to food, intergenerational equity, the indigenous and
“quilombola” property, among others.if that content is enough to meet this regime. We conclude that the social function of rural property is insufficient to consider legally acceptable the exercise of the right of property, which requires compliance with many other conditions, especially the right to food, intergenerational equity, indigenous and “quilombola” properties, among others.

The need to develop an agricultural activity that is sustainable in order to not only provide food and essential goods for everyone, but also allow it to be done indefinitely, benefiting future generations, is one of the biggest challenges of the contemporary world. The Law cannot remain indifferent to this need, as it is a useful tool in imposing treatments and the establishment of the new ethical paradigm that overcoming this challenge entails. Therefore, this article aims to verify how the Law is dealing with the idea of sustainability in the sense that the imposition of legal rules may influence the practice of farming activities to become closer to this sustainable ideal. To meet this goal, we discuss a general notion of sustainability, verifying what is its role in the legal world. The second part seeks to relate the sustainability specifically with agricultural production, establishing its approach with the Agrarian Law, and investigating the consequences of adopting a sustainable paradigm directly applicable to the development of agricultural production. It is concluded that sustainability involves numerous changes of paradigms, including more complex objectives on agricultural production, requiring an approach that far exceeds the usual one, going through ideas such as eradicating poverty and hunger, mitigating climate change effects, biodiversity conservation, multifunctionality of land uses and production diversification.

The historical moment is right for the rescue of the discipline of fundamental duties, essential to the constitutional statute of the human being, along with the fundamental rights. The study aims to bring the general grounds and the legal regime of the fundamental duties in order to verify the existence of a fundamental duty of agrarian production in the Brazilian legal system and, if so, what is its content. It was found that art. 185, II, of the Brazilian Constitution, implicitly brings this fundamental duty and that its contents should be filled so as not to conflict with other fundamental rights and duties and constitutional principles. For this to occur, the only permissible content of this fundamental duty is that in which there is sustainability of the means of production and food security as the primary purpose of agrarian activity.

The article deals with the debate about the need for revision of the indexes that characterize the productive property, mentioned on the article 185, II, of Brazilian Constitution. The article 11 of Brazilian federal law 8.629/1993 imposes the periodic adjustment of those indexes, which up until now has not yet been fulfilled. In order to analyze the issue, we bring the perspective of a contemporaneous Agrarian Law, which, aware of the changing times, adapts to new axiological, legal and factual dimensions, being one of them the environmental one. Also the notion of sustainability is discussed and taken as a premise of the proposed analysis. The study defends the necessity to revise the parameters of productivity, but not only for updating the indexes, but also for the consideration of other qualitative factors.

The globalized world brings closer different people and cultures, which, coupled with a greater awareness of cultural differences, makes unavoidable the confrontation of issues on the interaction between these cultures. In this topic, the lands occupied by traditional communities (indigenous, “quilombolas” etc.) are, in Brazil, the focus, as it directly reaches one of the most valued rights of Western civilization, that is property. This conflict must be addressed in the most peaceful way possible, that will only be feasible with the participation of all involved parties. It is in this context that is erected in recent decades, on South American Constitutions, a new constitutionalism, which seeks to increase the democratic participation of different peoples and cultures that coexist in Latin American territory. This interaction also rescues the notion of multiculturalism, which implies precisely the recognition of cultural diversity and the implementation of policies that promote a more pluralistic coexistence. This study discusses these two topics (new Latin American constitutionalism and multiculturalism) to address then the legal issue of traditional communities’ land, as well as agricultural activities that can be performed on these lands. The goal, therefore, is to check if those topics are applicable to the Brazilian reality and in what way they influence the legal system of the country on the issue of traditional communities’ land. It is concluded that the new Latin American constitutionalism and multiculturalism are trends that cannot be ignored by the Brazilian legal system, particularly with regard to regulation of land rights of traditional communities. Those trends imply the redefinition of what is meant by property and agricultural activities, in order to incorporate a much more pluralistic notion in order to recognize an effective and legitimate right to those lands.

The right to an ecologically balanced environment has the nature of a fundamental right, as well as the right to property. The latter can only be seen through the perspective of its social function, without the fulfillment of which there is no lawful property right. Despite the expropriation for agrarian reform purposes seek to sanction the violator of the social function of property, when the property is productive, the Brazilian Constitution places fundamental rights in conflict, by excluding the productive property from the susceptibility of agrarian expropriation (art. 185, II, Brazilian Constitution). This conflict stands out when the environmental function of property is not fulfilled (art. 186, II, Brazilian Constitution). Through the literature method, it was intended to investigate the legal possibility of performing the expropriation for agrarian reform purposes of productive property when its owner is in violation of social and environmental function of property. Weighing up the constitutional values involved, this paper defends the impossibility of this procedure. This conclusion is justified by the fact that this kind of expropriation is tied to a constitutional purpose, namely, land reform, which is not suitable for recovery of environmental damage, which, at last, can be achieved by others more efficient and appropriate instruments.