A propriedade funcionalizada na órbita do direito civil-constitucional

Abstract

The right to property is the most important and solid of all subjective rights, having repercussion not only for law, but also for philosophy, sociology and political economy. It is studied that in each historical moment and in each society, private property presents peculiar characteristics emerging from local customs and social realities and needs, which are enlivened in the legal order of each State. The first chapter of this monograph deals with the right of property, its origin, historical evolution and protection by the Brazilian Constitutions. This is the second specific chapter of this right in the Federal Constitution of 1988, which is based on a systematic interpretation of constitutional norms, democracy and the dignity of the human person. Finally, it concludes on the constitutional principle of the social function of property, making a parallel between its understanding as a fundamental right and principle of the economic order, interpreting its application in relation to urban and rural property.