Os Regimes Constitucionais das Terras Devolutas e seus reflexos na distribuição da Propriedade no Estado do Amazonas

Abstract

Introduction. It is an analysis of the impact of the policies adopted in Brazil over the centuries, materialized in its varied constitutional regimes, on the form of land distribution in the country as a whole, and in the state of Amazonas in particular, using as theoretical reference the work of sociologists, historians and jurists such as Ligia Osorio, Prado Junior and José Afonso da Silva. Justification The issue in question is relevant because the formation of Brazilian property has a singular character, which goes from the public to the private, and which is profoundly affected by the very extension of the territory and the national history. Thus, through an analytical approach of legal and political attitudes throughout the existence of this country, and seeking a particular stance, mainly aimed at seeing the problem through the lens of Constitutional Law and Administrative Law, we seek to delimit the causes for inequalities. observed in the division of land. Methodological strategy The approach chosen is mainly historical and legal, in order to delimit the nature of property in specifically Brazilian terms, supported by statistics, legislation and historical reports. Results The way in which the Brazilian Government relates to its public lands and the concentration of private lands has not changed significantly along the country's trajectory. What is observed is an unwillingness to conflict with influential economic classes, even if the legislation provides for it as a necessary intervention in favor of the Brazilian citizen. Conclusion. It is essential to understand the structures and powers in action that shape Brazilian and Amazon State policy and constitutions with respect to property, especially rural ownership, in order to understand the obstacles ahead for the implementation of changes that positively affect the economy and the economy. quality of life of the population.