A função social da propriedade como um dever fundamental

Abstract

A brief historical account of the structural and functional perspectives of the property provides the analysis of the evolution of the institute, concomitantly with changes not only experienced by other rights considered fundamental, but also the very notion of state. Which is denoted by the developments mentioned above, there is no doubt about the potential of the property to the achievement of the fundamental objectives of the Federative Republic of Brazil, in particular, the construction of a free, just and solidary society, promoting the welfare of all. From the perspective of solidarity, recognizing the fundamental right to property indicates the possible imposition of socially desirable behaviors, which can be typified as fundamental duties as consideration or condition of the existence of the fundamental right itself