Função social da propriedade e sua aplicabilidade no instituto da desapropriação.

Abstract

Due to the development of the theory of fundamental rights, the property has received legal contours directed to social function and socio- environmental purpose. As a fundamental right, the right to property is explicitly fixed in the current Magna Carta and, more specifically, dealt with in the Civil Code of 2002. In this way, the property is linked to urban and rural sociability, and may suffer intervention by the state machine if there is no compliance with this requirement. It is the object of the Institute of Disappropriation, also studied in this work. At the time, the literature review was used as a methodology, analyzing the literality of the norm and scientific papers, as well as jurisprudence. Objectively, it seeks to analyze the property before its applicability to the Institute of Disappropriation. As a conclusion, this work comprises the relevance and secularity of the right of ownership, which gains contours according to the political and legal context, and there must be a balance between the individual right to property and the prerogative to intervene in Your domain.