Repensando o direito de propriedade

Abstract

The article presents a critical review of property rights. It seeks to show the reasons that originated the idea that property is an individual absolute right. It traces a historical panel relative to the evolution of property rights: beginning in the roman-germanic tradition, through post modern society and in Brazilian law. It presents property rights through comparative law, particularly italian and american law. It discusses the relation among the property rights, its social function and the hypothetical scenarios known as tragedy of commons and tragedy of anti-commons. The institute of property must be understood as an economic resources allocation system and as a social costs coordination system, being property rights already a social function. The article concludes that the very existence of a property right must require a minimum of efficiency and community interest on the utilization of the asset / resource in question.