Invasion of productive lands: the harbinger of dark times

The first quarter of the Lula government was marked by some land invasions in rural areas, putting into question the right to property exercised within constitutional limits. Much more than the protection of a fundamental right, preserving assets that, according to the Greater Text, fulfill the so-called social function, is a symbolic attitude with effects that go beyond, to a large extent, the interests of the subjects involved. The message conveyed to society as a whole in relation to the government's stance and correct institutional functioning is of crucial importance for the country's development.

The protection given by the Constitution to the right to property, exercised in fulfillment of the respective social function (article 5, items XXII and XXIII), is demonstrated by the status conferred on it. Recognizing the fundamentality of a right is equivalent to stating that it is necessary for the dignified existence of human beings. In the case under analysis, as seen in some lands in the south of Bahia, for example, the Magna Carta has been violated without there being a firmer stance on the part of the authorities to enforce what is contained in the document with the greatest political and legal value in the country. . Considering the hypothesis, according to media reports, that there is a so-called 'red April', a period marked by a large number of land invasions, several risks are posed for Brazilian society to face in the near future.

Firstly, it is important to note that, where the State is not present, other forms of power emerge. Therefore, there is the possibility that land holders, when they find themselves unprotected, choose to organize groups of people to defend the territory, forming militia bodies in violation of the legal system, obviously. This is what unfortunately happens when the country does not have a sufficiently effective structure to protect citizens' rights: the advent of barbarism. It is therefore necessary that there is firm signaling from the government and the competent authorities in order to discourage invasions. Any expropriation, which may occur legally if the aforementioned social function of the property is not fulfilled, must follow a certain procedure in a State of Law that intends to be entitled to such qualification.

In institutional terms, the situation is even more complex from an economic point of view, as non-compliance with basic rights, such as property, sends a very negative message to national and foreign investors. The legal uncertainty caused by the aforementioned invasions without the corresponding reaction from the authorities causes the national legal environment to be characterized as hostile to capital. The possibility that the rule will be broken without there being the inherent legal sanction causes the natural fear of that agent whose resources are necessary for the production of wealth, generation of jobs and payment of taxes (fundamental for the provision of the many services provided for in the Constitution of the Republic). Without this money, Brazilian state dysfunctionality tends to become even more evident, as the lack of economic growth will potentially lead to the intensification of social dissension and, consequently, governability may suffer shocks in the face of increased pressure from the Brazilian community. As we know, the development of the economy can mask some deficiencies in the structure of democracy, but the opposite is equally true: the economic crisis can highlight community divisions, opening a dangerous space for the emergence of opportunistic political figures who, with some charisma and rhetoric, they can manipulate the dark feelings of the population to obscure places, as history abundantly demonstrates in Brazil and other parts of the planet.

After the initial period of the federal government, considering the end of the first quarter, the cards are already on the table. Some difficulties in political terms have already become evident and the president will have to face them throughout his term. Regardless of this, there are important signs that have not yet been given, such as a firm position on respect for property rights. Hesitating in defending the so-called fundamental right has explosive potential in the economic and social spheres, as the human suffering of the dispossessed should not be resolved by the production of pain by those who produce honestly. The lack of political will to resolve this essential problem in Brazilian society has caused many problems throughout national history. At this time of serious social division, the country cannot run the risk of suffering a deepening rupture of community ties due to the authorities' inaction. When anomie appears, civilized behavior is at risk.

By Elton Duarte Batalha, professor of Law at Universidade Presbiteriana Mackenzie