Economia, direito e política agrária: uma análise do Instituto da "Servidão Administrativa" aplicado no "Complexo Hidráulico da barragem oiticica" no município de Jucurutu/RN

Abstract

The objective of this study was to evaluate the process of formulation of agrarian policies in the state of Rio Grande do Norte, taking as reference the theoretical approach of "multiple flows", designed by Kingdon (1984), and as empirical material the ways in which the institute of Administrative Servitude ascended to the governmental agenda as a form of indemnification in the Hydraulic Complex of the Oiticica Dam. The reasons for the research were based on the socioeconomic problems caused by the traditional method of expropriation and the lack of scientific studies that seek alternative legal instruments to guide such damages. The central assumption is that the use of the alternative method of compensation, administrative servitude, has become broadly more just, efficient and economical in the face of the traditional method of expropriation. To do so, it used a methodology based on an exploratory analysis, which brings together a literature review of the public policy formulation process based on the Multiple Flows Model, as well as using operational performance indicators. The collection of the primary and secondary data was based on the use of documentary and field trip research. The results showed that the use of the Administrative Servitude Institute, besides reducing the social sequelae, resulting from the traditional method of indemnification of expropriated areas for construction of public dams, provides savings of four million four hundred and thirteen thousand, one hundred and twenty-eight reais and thirteen cents) to the public coffers when it was adopted as an instrument for the indemnification of expropriated areas for the construction of the Hydraulic Complex of the Oiticica Dam. It was noted that the use of the alternative method allows a significant savings for government, since it adds speed to the indemnification process and reduces the socioeconomic sequels caused by the expropriation process; besides being an auxiliary tool in the elaboration and the development of the public policies directed to the instrument of indemnification of areas destined for constructions of public dams.