A judicialização da questão agrária: um debate sobre direito e ideologia a partir de decisões monocráticas do Tribunal de Justiça do Rio Grande do Norte

Abstract

The present monograph proposes to study the agrarian issue from the perspective of judicialization, with emphasis on investigating the perception of the magistrates of the Court of Justice of Rio Grande do Norte on the meanings of the social function of rural property. To this end, the work focuses on rulings handed down by this court between the years 2008 and 2019. Thus, we sought to extract the content of these decisions by means of five objective analysis criteria in order to meet the general objective of the study, which is to identify, in the context of the agrarian issue, the position of the Judiciary with regard to the social function of rural property. To this end, it was necessary to understand the historicity of this legal institute, as well as the constitutional meanings that may be attached to it. This was done by looking at Law as part of Ideology, so as to question the formalistic readings that are made of the legal phenomenon. After that, the judiciarization and judicialization of the agrarian issue were explored, since they are the main legal phenomena related to it. The next question was to what extent these phenomena are attenuated or intensified when the analysis is delimited to the interaction between rural social movements, mainly the MST, and the Judiciary. The judgments of the TJRN that are related to the theme were then analyzed using a deductive and qualitative methodology. Finally, a brief diagnosis was offered about what was perceived from the totality of the decisions analyzed, relating them to the theoretical concepts chosen to deal with private property and the Law as part of Ideology. Thus, the results obtained exposed that the social function of property does not usually constitute part of the elements that influence judicial decisions that deal with rural tenure, due to the fact that most magistrates do not see the theme as being an intrinsic part of the constitutional sphere of concern.