A terra como bem-comum na memória do Direito brasileiro

Abstract

The article deals with land, memory and law with the objective of reconsidering land as a common good of humanity, the legal and political references used are Brazilian until the 1980s, since we understand that the new Constitution does is sufficient to face the complexity of the right to the common good land. The law needs to retake the memory to fulfill its function of avoiding and composing conflicts, that is, the right has a preventive function, it must operate preventing and composing conflicts arising from the most diverse instances, especially in this article of the Social Movements, without which it is not possible to think of the land as a community good, because it is the social movements that bring to the juridical-political scenario the conflict of the society, for that reason they are self-referential systems of communication, that are inserted in the legal and political systems as a reaction of the own society functionally differentiated. Thus, the idea of land is constructed as a common good of humanity, through the cooperation between local and global.