A propriedade no Direito Romano: contraposições ao seu caráter absoluto ante uma incipiente função social

Abstract

This monograph seeks to contribute to the discussion about the absolute character attributed to the right of property in Roman law. Stimulated by impressions acquired through readings on the subject, some of which present the version that supports the opposite of our perception, we therefore understand, by way of aggrandizing the debate, as valid the initiative to present the facts that we consider indicative of that the right to property, for various reasons, cannot be understood as absolute. The right to property, as we will have the opportunity to see, is a product of the evolution of Roman society over time. Initially restricted to a privileged group among the Romans, the right to property was extended to other individuals, its main motivations being the social demands for the right to land and the demands for greater flexibility on the ways of transmitting it, under pressure from the development of Rome. Law, in the midst of a series of transformations that took place, age after age, acquired greater autonomy from its bases, initially based on religion and customs. Due to the important role played in the evolution of Roman law, the performance of jurists in overcoming the methods that stifled the law in its progress, by using new interpretive methods, in the light of new principles to clarify decisions, made it possible for a new way of creating law emerged. This transformation, as we will see, made it possible for scholars of Roman law to access content, legal and historical, often sufficient, with which it was possible to build ideas, applicable, or not, to law. Roman. Through bibliographical research, the method used to carry out this work, we accessed the main works of the most renowned scholars of Roman law, which, evidently, we consider essential for the achievement of our objective.