A desapropriação-sanção em face do não cumprimento da função social da propriedade urbana

Abstract

Boarding the expropriation-sanction which affects the urban property that does not fulfill its social function, based on the 1988 Federal Constitution and the City Statute. Exposes the idea of social function as a formative element of the property rights, noting the peculiarities of this principle when related to urban property. Demonstrates the importance of the City Statute as the law which regulates the constitutional provisions related to the Urban Policy, including comments on the Master Plan and its connection with the expropriation-penalty. Cites other effects which may be applied to the careless owner regarding the urban land. Indicates the legal grounds of the expropriation punishment. Analyzes the characteristics related to the mentioned institute, as well as its application as urban instrument, pointing its assumptions, its elements and the doctrinal differences around the theme. Mentions the difficulties about the effectiveness of urban property’s expropriation-sanction.