O aforamento pós-emenda constitucional no 46/05: uma análise das decisões de dispensa de foros e laudêmios na Gleba Rio Anil

Abstract

In this work the object of study was the constitutional changes and legal in the ownership of the real estate of the Federal Union, of the use of tenure that are not adjusted to the public purpose and in the judicial debates on the possible unconstitutionality of the collection of court fees and praise for the use of these goods. Choosing to delimit the analysis on a portion of acquired land by the entity through a presidential decree, the Gleba Rio Anil, located in the municipality of São Luís, State of Maranhão, it will be demonstrated how the cupular organs, in particular the Federal Supreme Court, has settled the disputes that permeate tenure in inland national lands and navy lands and accretions. Finally, using the bibliographical and empirical- analytical methodologies, through jurisprudential and legal analysis, it was demonstrated how the TRF-1 groups adapted their positions according to these decisions and the differences between those decisions and the judgments of the courts.