Função social da propriedade: o direito de propriedade e o espaço urbano

Abstract

Within the new perspective of property rights in the Brazilian legal system, especially since the promulgation of the 1988 Constitution, a new urban policy proposal is being implemented, instrumented by the City Statute, which aims to overcome the legal vulnerability intrinsic to the activities management and urban planning of Brazilian cities. Since then, the positivation, in the constitutional text, of the principle of the social function of urban property has been the great asset of urban social movements. Such movements call for the orientation of state intervention actions in the private domain based on this principle in order to promote urban social justice through the redistribution of burdens and bonuses arising from the urbanization process. The objective of this work is to investigate how the process of appropriation of this principle occurs by the social actors involved, among them jurists, urbanists, political activists, jurists and magistrates, as well as to map the evolution of the concept of private property within the contemporary Brazilian juridical framework.