Commodity, Property, or Right: What is the Legal Nature of Land in Brazil?

Abstract

Objective: To point out the nature of land in Brazil from the duration of the Law of the Land of 1850, passing fazem parte acho que faz partethrough the Statute of the Land of 1964, to the Federal Constitution of 1988. The issue is represented by the following question: What is the legal nature of land in Brazil? Theoretical framework: This research is based on the historical approach of Smith (1990) and Martins (2015) aiming to understand the social transformation of the land. In the scope of the legal understanding, this research is supported by the perspective of Souza Filho (2021), who sees the land as the right to life, combined with the view of Hespanha (2009), who perceives the law as a result of interpretation. Method: This research is based on the analysis of content (Bardin, 2011) and, complementarily, the bibliographical research of authors who have dedicated themselves to studying the historical period covered by the analyzed legislation. Results and conclusion: Depending on the historical context and the legislative intent, land in Brazil have three different natures. The Law of the Land of 1850 saw the land as a commodity, whereas the Constitution of 1988 understood it as the nature of property and rights. Research implications: This study implies legal and social reflections regarding the process of the land grant to vulnerable groups. Originality/value: This research contributes to the understanding of the legal nature of land to those who might claim the subjective rights inherent to it, in addition to the social planning, distribution, and management of the lands in Brazil.