A função social da propriedade imóvel: um estudo à luz da análise econômica do direito

Abstract

This is a monographic work, carried out through bibliographical research, in order to analyze the principle of the social function of immovable property in light of the precepts established by the Economic Analysis of Law. It was presented, initially, the emergence of property as a social fact, as well as its transformation into a positive law until the advent of the social function. Posteriorly, was introduced to the postulates of the Economic Analysis of the Right, emphasizing to the New Institutionalist School and to the Theory of the Costs of Transaction. Before this, the social function of the immovable property was analyzed in an institutionalist bias, with the demonstration of its impact in the economic activity, where the increase of the costs of transaction to instabilities generated end up invalidating the intended ends of the aforementioned principle. It was concluded, finally, that the social function should be conceptualized according to its apprehension in society, considering its historical evolution, as an institution that allowed the civilization advance, and not as imposition of artificial concept of a central authority, in the case, the State.