A sustentabilidade e as cláusulas obrigatórias como fundamentos para o cumprimento do princípio da função social nos contratos agrários

Abstract

n a country marked by extreme inequalities, by many conflicts in rural areas and by expanding environmental degradation, such as Brazil, the exercise of contractual relations in rural areas must seek to harmonize the use and enjoyment of rights related to private property with its social function and the preservation of the environment. Thus, the present work aims to analyze the possibility of the ideal of sustainability serving as a foundation for the exercise of the principle of the social function of agrarian lease contracts and rural partnership, and to answer the following problem: to what extent does the ideal of sustainability, combined with environmental clauses, can it be considered as a requirement for the exercise of the principle of the social function of property in agrarian contracts? For this, in the development of the work, the deductive method of approach is used so that, starting from general analyzes on the concepts of sustainability, social function and the study on agrarian contracts, reach a particular conclusion, that is, in to what extent sustainability can be considered as a foundation for the full exercise of the social function in agrarian contracts. As procedural methods, the historical and comparative methods were used and the research techniques used were bibliographical research, through a review of the scientific literature on the subject under discussion and documental analysis, in which the main legislation on sustainability and on the agrarian contracts, with special attention to the norms of the Federal Constitution and the Land Statute and Decree n° 59.566/66. The main conclusions obtained were that sustainability can be considered a requirement for the fulfillment of the social function of property in agrarian contracts, in view of being an important limiter of the freedom to contract, as it enables the use and enjoyment of the land and its fruits and products with prudence and respecting the rational and adequate use and also having as objective the protection of the environment and its preservation for current and future generations.