Concessão de direito real das várzeas de Sousa - PB: mecanismo de proteção ao produtor rural.

Abstract

ABSTRACT - The Wetlands of Sousa, Irrigated Perimeter - PB is situated in the área of the municipalities of Sousa and Aparecida, in the northern region of Paraiba. It covers an area of 6.35,74 ha, part of this total area of 4.391,00 ha consists of irrigated area, 992,53 ha is divided into 178 lots designated for small farmers. The remaining hectares of land are distributed among the corporate sector, the National Institute of Colonization and Agrarian Reform - INCRA, Research / experimentation / extension, Permanent Preservation Area, the Legal Reserve and Infrastructure. With allocation to the production of varied cultivations, it has a proper irrigation system and efficient service in a planned manner. The scientific research aims to discourse didactically, on some topics, about its general and legal aspects, with careful considerations of historicity and operation of the Irrigation District. For this, it was realized a bibliographic research in order to build a theoretical source grounded in doctrine, scientific papers, argumentative work and institutional sites. Therefore, it was employed a qualitative descriptive approach, using the deductive method. This study analyzes the use agreement, especially the granting of real right to use, focused on social and legal aspects. Due to the importance of the issue to the local reality, it incorporates here the understanding regards of small farmers rights as a result of the use and farm in wetlands area - Sousa - PB, emphasizing the legal protection, from the perspective of social role of direct ownership and property rights, as well as the promotion of socio-economic development factors. Regarding this legal system, the research proposed here is relevant because there is a clear need for the acquisition of the domain title of the lots assigned to irrigators for the exploitation of the land. For these reasons the concession of the right of use constitutes one of the legal instruments of protection, since it ensures the social role of ownership of use of the area, by recognizing the right of ownership to production and working media, as well as, recognizing the irrigators rights to the acquisition of effective title of property, that contributes certainly to social inclusion and economic development.