A limitação ao direito de propriedade decorrente da declaração de utilidade pública

Abstract

From its earliest beginnings, the idea of property is linked to the exclusive domain of an individual on a good, to the detriment of the claims of all other individuals. Thus, it's part of the essence of property rights their opposition to the interests of non-owners, which often means opposition to the interests of the community. In this context, it is observed that the legal conception of this institute, which initially favored its absolute character, shifted towards the application of the principle of the supremacy of public interest in the particular, which implies, as a rule, the restriction of the right owner through state interventions. However, such limitations may not be imposed indiscriminately, and follow a series of legal requirements, especially when it comes to more serious forms of intervention (expropriation and easement) when it is necessary to advance the Declaration of Public Utility. It is aware of this reality that we are concerned in this work, initially studying the conceptual aspects of Property, identifying it as an individual right subject to attending of its social function, to then analyze the possibility of state intervention in this sphere of privacy, and distinguishing features of different ways according to which can be carried, and the specific legal discipline on this subject, to finally evaluate the role of the state as an entity responsible for safeguarding the public interest.