O dever de extensão de realocação das famílias - compensação dos impactos da barragem Figueiredo: um estudo de caso de regularização fundiária

Abstract

The difficulty in managing territories in Brazil dates back to its "discovery", in view of its territorial extension. For this, in the face of certain inequalities, there was for good the structuring of measures apt to "balance" legal anomalies, such as the land law and the current Agrarian Reform, which aims to achieve social justice for the rural worker without property. Expropriation is the measure capable of achieving such ends, occurring when the State uses its Jus Imperium to intervene in private property, indemnifying it. Within this theme, we analyze the case of the Figueiredo Dam, installed in the Jaguaribe Valley, covering several rural workers who were forced by the State to leave their communities, in exchange for the promise of other lands, housing and social facilities, generating concrete expectations that they would have everything new, including life. However, such measure was not carried out under the allegation that the acquisition of rural property for resettlement as a measure of compensation for damages by the Figueiredo dam, would be characterized as Agrarian Reform, a competence of the Federal Union. However, one cannot forget the achievement of the foundations of the Republic, which among them is human dignity and as its essential core, the existential minimum, which should permeate the actions of the State, in favor of rural workers, now without housing. The research has doctrinaire bases and matches with a case study, exploratory and descriptive of the analysis of an existing situation in the scope of Ceará. It is analyzed not only an investigative question, but the doctrinaire demonstration of the matter.