FROM PAPER RO LAND: SOCIAL MOVEMENTS, LAND TENURE AND LAND REGULARIZATION

Abstract

This study originated from the societal imperative to enforce rights already enshrined in Brazil’s legal framework—particularly the right/duty of property’s social function (Federal Constitution, Article 5, XXIII, in conjunction with Article 1,228, §1 of the Civil Code). Though formally guaranteed, this principle reveals a chasm between law and reality when tested in practice. Confronted with this disparity, we examine how social movements redefine possession and ownership criteria, pressuring the state to establish land regularization mechanisms that transcend traditional legal oversight. We also explore how Aroldo de Azevedo’s human geography elucidates patterns of unequal territorial occupation and land conflicts, demanding solutions that bridge legal doctrine and spatial justice. Methodologically, we employ qualitative-quantitative bibliographic analysis alongside jurisprudential review, case studies, and geographic methods. Through this approach, we demonstrate how the struggle for land and housing challenges legal formalism, necessitating a dynamic reinterpretation of property rights. Our ultimate aim has been to identify pathways for narrowing the gap between law and lived reality, ensuring the social function of property evolves from statutory text into tangible practice.