Elementos de sustentabilidade como função social da propriedade rural : paradigmas histórico e constitucional na aplicação da teoria da decisão judicial

Abstract

This research addresses the concept of the social function of rural property and its intimate connection with the principle of sustainability, in the doctrinal, historical and jurisprudence of higher courts, using qualitative, quantitative, descriptive and exploratory bibliographic methodology. It is intended to verify the existence (or not) of a synonym between the concepts, using the identification of cases. Therefore, it is initially sought to outline the doctrinal, scientific and historical contours that influenced the consolidation of the concept of sustainability - human, social and economic aspect - and the social function of rural property, both present in the current constitutional letter with unfolding in the infraconstitutional legislation. Subsequently, it will be analyzed which model of judicial decision is more suitable for the equitable and effective implementation of the constitutional principles of sustainability in the face of concrete and theoretical conflicts involving the use of land that contribute to the judiciary and its possible influence on the decision-making of the private initiative.