A Judicialização dos Movimentos Sociais: análise de decisões judiciais de primeira instância decorrentes de conflitos possessórios envolvendo o Movimento dos Trabalhadores Rurais Sem Terra (MST) na comarca de Carazinho/RS

Abstract

This dissertation aims to study the theme on the judicialization of social movements and was developed within the Postgraduate Program in Development and Public Policies of the Federal University of Fronteira Sul, Campus of Cerro Largo/RS, along line 01 of research: State, Society and Development Policies. The discussion is guided by the research problem where it is questioned: In what sense the judicial sentences of the First Instance, referring to demands arising from possessory conflicts involving the Movement of Landless Rural Workers (MST) of the Carazinho / RS district, handed down between 2006 to 2020, contribute to the implementation of the fundamental rights present in the Federal Constitution of 1988, regarding access to land? The research was developed through a literature review and a case study, where five judicial sentences of numbers 009 / 1.11 were analyzed. 0006094-6; 009 / 1.06.0005104-2; 009 / 1.11.0006093-8; 009 / 1.07.0005925-8 and 009 / 1.08.0002730-7, all originating in the Comarca of Carazinho / RS. The results found showed a negative response to the problem investigated, since it is evident the different treatment given to landowners in the North Region / RS to the detriment of the fundamental rights of access to land to the MST. In this sense, the position of the Judiciary Power, in the face of the analyzed cases, denotes the use of a hermeneutics aimed at the benefit of the landowners, to the detriment of the constitutional right of access to land, which ends up contributing to social inequalities and misery in rural areas, traits that undermine and neglect fundamental rights in the Democratic Rule of Law.