In the midst of social inequalities, many discussions arise about the concentration of land and the distribution of resources. Among them, there is a debate about the estate.
O concept it is related to issues involving the concentration and exploitation of land, as well as social conflicts over land tenure.
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What is latifundio? Originating from the Latin term latus (deep, spacious and extensive)and fundus (farm), the word latifundio designates an extensive rural property. These are largely intended for the production of a single product (monoculture), with the intention of feeding the foreign market on a large scale.
Among the main characteristics of the latifundio, are the concentration of properties in the hands of a few families, groups or companies.
ALhey no 4504, implemented on November 30, 1964, deals with the Land Statute. In the legislation, rural properties began to be categorized.
In Art. 4, concepts such as rural property, family property, rural module, small farms and large estates come to the fore.
Art. 4 For the purposes of this Law, the following are defined:
I - "Rural Property", the rustic building, with a continuous area, whatever its location, intended for exploitation agricultural, livestock or agro-industrial extraction, either through public recovery plans or through initiatives toilet;
II - "Family Property", the rural property that, directly and personally operated by the farmer and his family, absorbs their entire workforce, guaranteeing their subsistence and social and economic progress, with a maximum area fixed for each region and type of exploitation, and eventually work with the help from third parties;
III – “Rural Module”, the area established under the terms of the previous item;
IV – “Minifundio”, rural property with an area and possibilities smaller than those of family property;
V – “Latifundio”, rural property that:
a) exceeds the maximum size established in the form of article 46, § 1, item b, of this Law, taking into account the ecological conditions, regional agricultural systems and the purpose for which it is intended;
b) not exceeding the limit referred to in the previous paragraph, and having an area equal to or greater than the dimension of the rural property module, it is kept unexplored in relation to the physical, economic and social possibilities of the environment, with speculative purposes, that is deficient or inadequately explored, in order to prohibit its inclusion in the concept of rural enterprise […]
Still, according to the Land Statute, there are the concepts of latifundia by size and latifundia by holding. On the one hand, the large estate by size would be the one in which the area is six times larger than the rural module, with the possibility of being exploited in the proper way.
On the other hand, the latifundio by exploitation, in short, is the property that has unproductiveness as its main characteristic. Generally, the lands have the objective of real estate speculation.
Latifundio and smallholding are classifications that are easy to define, as one is practically the opposite of the other. See the characteristics that distinguish them:
The Federal Constitution defines, in its Art. 186, the social function of land:
Art. 186. The social function is fulfilled when the rural property meets, simultaneously, according to criteria and degrees of demand established by law, the following requirements:
I – rational and appropriate use;
II – proper use of available natural resources and preservation of the environment;
III – observance of the provisions that regulate labor relations;
IV – exploitation that favors the well-being of owners and workers.
In the discussion of the social function of the land, the denomination of productive and unproductive latifundia.
O productive estate it is connected to the property that fulfills its social function, that is, it is exploited according to the criteria established by law. already the unproductive latifundia, is nothing more than a property with an unfulfilled social function, therefore, owner of unproductive land.
Therefore, the use of land must be linked to the public interest, that is, it must meet both individual and collective interests.
Thus, unproductive land would not serve the social function.
The origin of large estates in Brazil is linked to the colonial period. With the arrival of the Portuguese, the division of Brazil into captaincies began - small fractions of land, donated to representatives of the nobility and the military.
These were designated through scratches on sesmarias, and those who received them had the obligation to exploit them economically.
Over time, and after independence, the law of donations of sesmarias was revoked, becoming the Land Law. It is until the present day a standard of the land structure.
The legislation outlines that in order to have the right to a piece of land it is necessary to pay for it. In this way, the model of division resulted in the emergence of many large estates and little access to assets, since the concentration of most land is in the hands of large landowners.
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