O MASCARAMENTO DE CONTRATOS DE EMPREGO COMO CAUSA DE DESCUMPRIMENTO DA FUNÇÃO SOCIAL DA PROPRIEDADE DO IMÓVEL AGRÁRIO NO BRASIL: uma nova regulamentação do art. 186, III da CF/88 para além da Lei nº 8.629/1993.

Abstract

The Constitution of 1988 has as a basic principle ensure compliance with the social function of land (art. 5, XXIII), providing the expropriation penalty when the misuse of landed property is find. The art. 186, III of CF/88 establishes that compliance with the legal provisions governing fair labor relations is a key requirement for the verification of the fulfillment of the social function of land ownership. Law nº. 8.629/1993, which provides the regulation of constitutional provisions relating to land reform, is evasive when regulating the section III of article. 186 of CF. The various forms of incorporation of labor relations in a broad sense, however, make it extremely difficult for real verification on compliance with the rules governing labor relations, especially in agrarian activities. The objective of this work is to propose a new regulation of art. 186, III, of CF/88, to give effect to the constitutional provision under discussion. The methodology used was the doctrinal study, analyzing legislation and court decisions on the subject. Study was developed on the principles of labor law; training requirements for employment relations, ways of working in the broad sense that most commonly masked employee relations, suggesting in each case, the possibilities to regulate art. 186, III, of CF/88. It was concluded that, in the way the article 186, III CF/1988 is currently regulated, is not possible to expropriate rural property in breach of the provisions governing labor relations.