| Summary: | The guarantee of political and social rights by the Federal Constitution of 1988 substantially altered the political strategies of social movements in Brazil, that started to articulate their demands predominantly through legal institutions. Starting from this context of judicialization of social struggles, the main goal of this work is to analyze, through bibliographic research, the role of the Judiciary in the processes of the Landless Rural Workers Movement. The conclusions point out that the material inequality that exists in society is reproduced in the judicial sphere, so that the judicial interpretation tends ideologically to breach the constitutional commandments of access to justice and the realization of the social function of property, constituting a camouflaged process of criminalization of movements social.
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