DIREITO E ESPOLIAÇÃO

Como a legitimação fundiária demonstra os limites e possibilidades de um Direito insurgente

Abstract

This paper intends to understand the land legitimation, institute introduced in Brasil by the Provisional Measure nº 759/2016 and by the federal legislation nº 13.465/2017, through the concept of accumulation by dispossession, formulated by David Harvey. The debate about accumulation by dispossession demonstrates the limits of Pashukani’s theory of the legal form. Put in its proper terms, the Marxist theory of law should, with the support of the concept of ideology in Lukács, be able to treat with theorical rigour practices of the insurgent law, specially when related to the land issue.