Social function of property and its implementation in the legal system

• Main Authors: Juliano Nanuncio, Edisel Cavalieri Neto
• Format: Article
• Language: Portuguese
• Published: Universidade Estadual de Londrina 2016-07-01
• Series: Economia & Região
• Subjects: Property; social function; expropriation; proportionality
• Online Access: http://www.uel.br/revistas//uel/index.php/ecoreg/article/view/25971

The aim of this article is to analyze, based on the Brazilian constitutional law, the social function of the property and their implications. The property law has special protection in the legal system, we can highlight the importance of this subject, especially economic. This discussion t is constantly evolving, changing according to the political system and the economic system of each society. Initially, attributed to an individual and absolute character of private property, in the interests solely of the owners. With the evolution of constitutionalism today assign by a socialistic character, the exercise of property law is subject to the social function. It is important show that the performance are different for urban and rural property, but are related, in short, we need a better distribution of land, access to decent housing, and protection of values such as the environment, heritage and cultural. In order to make it effective, the Constitution and the infra-constitutional legislation established rules for expropriation, creating a differentiated regime to not fulfill their social function. It was estimated, including, judicial expropriation of initiative of individuals, based on the idea of a qualified ownership, generating works and relevant social and economic interest.