Análise jurisprudencial do TRF-4 sobre o laudo agronômico de fiscalização e a constatação do cumprimento (ou não) da função social da propriedade rural em processos de desapropriação do imóvel rural para fins de reforma agrária

Abstract

This dissertation analyzed the principle of the social function of rural property in all its spheres, including: satisfactory productivity, a balanced environment, guaranteed labor relations and rights, and the social well-being of rural workers and producers. It also examines the administrative procedure of expropriation for agrarian reform, specifically in its inspection phase, which is materialized through the "Agronomic Inspection Report – LAF," a document of utmost importance responsible for certifying compliance with the social function of rural property and the feasibility of implementing settlements. The justification for this study arises from judicial challenges to these reports and the use of various arguments to annul or modify them, consequently highlighting the legal (in)security stemming from this scenario. To investigate the causes and issues arising from this reality, the study was conducted based on the inductive method, gathering specific data to construct a general or collective truth. Additionally, exploratory research was employed, aiming to understand the characteristics of the phenomenon and subsequently explain its causes and consequences. Furthermore, a bibliographic research approach was adopted, involving consultation of books, theses, dissertations, scientific articles, constitutional and infra-constitutional norms. Documentary research was also conducted, analyzing reports prepared by agronomists from INCRA. For processing and presenting these data, the "problem tree" tool was used. Finally, the conclusion indicates that legal disputes regarding compliance with the social function of rural property are highly complex, requiring extensive documentary and expert evidence to better substantiate judicial decisions. In southern Brazil, from October 2006 to December 2022, debates predominantly revolved around the productivity of rural properties, with only a few cases addressing environmental, labor, and social well-being aspects.