Função social da propriedade: uma análise bourdieusiana da (in)aplicabilidade do paradigma liberal-individualista do direito de propriedade no Brasil

Abstract

This research deals with the principle of the social function of private property and the obstacles to its realization in view of the tensions between the liberal-individualist paradigm and the new legal-constitutional order of property right. That said, firstly, this research through a short contextualization of the historical evolution of property, and the rise of private property in Brazil by the Land Law, shows the changes of property into commodity. Still in this context, this study deals with the evolutionary process of property right in the Brazilian Constitutions, with emphasis on the 1988 Constitution, which aims to concretize the functionalization of property right. In this context, Pierre Bourdieu's theory shows the obstacles to the application of the social function of property by those members of the legal profession. In order to understand this symbolic violence within the judicial field, it is important to highlight, within the Legislative Power, the legal proposals for the criminalization of public occupations. Also in the trenches of the Judiciary, the scenario of collective conflicts involving ownership and property of lands, bringing to this study the cases of the Favela Pullman and Pinheirinho. Finally, from a critical eye, the study analyzes the inapplicability of the liberal-individualist paradigm by members of the legal profession. This investigation aims to reveal the interests behind the anti-democratic speeches about the property right, which is away from the social reality, prevents the execution of the constitutional principle of the social function of property