O Novo Constitucionalismo Latino-americano: Limitação da Propriedade e Desenvolvimento.

Abstract

This research has as main objective to analyze a new school of thought that developed in Latin America, which is being called the new Latin American constitutionalism. From this, the following specific objectives were defined: 1) highlight the emergence of this current; 2) inquire about the possibility of influencing changes, both in the minds of Brazilians and in changing their legislation; 3) sensitize the Brazilian with the environmental issue facing the privately owned land. The problem of this work sticks to the inability of the state to perform public able to meet the social demands policies in land area, question whether we have political body to generate a law able to limit land ownership and also to properly manage a new agrarian structure in the sense that the limitation of land ownership creates indemnity right to landowner, without infringing an ironclad clause of the Constitution of the Federative Republic of Brazil 1988. The rationale for the development of this research is guided on the understanding that the right fundamental property provided for in Article 5, XXII and XXIII of the Constitution of the Federative Republic of Brazil 1988, has immediate effect and must necessarily be guaranteed for all and the creation of a law limiting the territorial extension of the property, with the influence of a feeling some people of Latin countries have towards the environment could accelerate the development of society with the appropriate and ethical use of the law. In this sense, the work includes historical reflection on citizenship, law and constitution. It was also made an approach to the new rights, neoconstitutionalism and new Latin American constitutionalism and, finally, on the issue of land and the environment in Latin American constitutions. The work of this research techniques were guided solely on literature searches, analysis of documentary texts, which allowed to build an interpretive view of the study authors ranging from the creation of the new Latin American constitutionalism expression, to the development of the characteristics of this new thought. The results obtained from studies highlight the influence of Latin feeling and the constitutions of Bolivia, Venezuela and Ecuador, as well as the Amerindians in Latin America and its relationship with the land and the property. It is therefore concluded that, given the States failure to provide the proprietary rights to all, together with the population, cogent and cool growth will be limited in area in buying and selling properties in Brazil.