A Política de Reforma Agrária na Constituição Federal de 1988: sujeito de Direito como Sujeito de Benefício

Abstract

The Brazil of the 80s aspired to its political reconfiguration and, consequently, a democracy that reached all social spheres of the country. This democratic possibility is given in the law, more specifically, in the Constitution of the Federative Republic of Brazil of 1988.  Taking it as our object, in this article, we will address the Chapter III of the Constitution, where we cut, for analysis purposes, Article 189 (Sole paragraph), which is the second and last article corresponding to land destined for the Agrarian Reform policy. After delimiting our corpus, we sought to analyze the nomination/designation “beneficiaries”, referring to whom the Agrarian Reform is aimed at. To do so, we joined the Materialist Discourse Analysis, which constitutes an in-between place, based on Linguistics, Psychoanalysis and Historical Materialism. With the theoretical-methodological contribution of the Discourse Analysis, we developed the concepts of Subject of Right and Subject of Benefit, which help us to think about how the legitimacy (historical, social and legal) of the term “beneficiaries” occurs. Based on these notions, we also cover the formulations of Althusser (1999) on the Legal AIE (Ideological State Apparatus), in order to support our analysis of the capitalist subject and the land, in/from the Legal discourse.