O direito de propriedade no marco do constitucionalismo garantista

Abstract

Given the current social climate of conceptual changes observed over time by legal theory, the subject property has been revisited and the academic community requires the development of new studies about this marked institute since antiquity. To this end, is cited in the present work, the Guaranteeist Theory, the Italian Luigi Ferrajoli, to clarify what can be understood today by the law / property, a concept that tends to be rewritten. This study only becomes possible from the historical analysis of the concept of property, which, necessarily, imply the passage, however brief, for antiquity, the Middle Ages, Modernity and the Contemporary State, the latter marked by the effects of globalization and structural changes in the law field. Thus, amongst many other approaches which establish the property as a right inherent to individuals, was elected guaranteeism as a theoretical framework for the study of the theme, which is limited to the understanding of property in the contemporary constitutionalism.