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- Title
A eficácia da função social na propriedade pública.
- Authors
Freitas Filho, Roberto; Camargos Pereira, Flora Regina
- Abstract
The property right is inherently linked to its social function. Enshrined in the Brazilian legal system, the social function limits the exercise of property rights. When it comes to private property, the application of social function is more accepted. However, with regard to public property there is great controversy over the application. Thus, this article aims primarily to determine the space occupied in the Brazilian legal system by the social function and its application forms and finally to assert about its effectiveness when it comes to the various types of public properties. It is noteworthy that this study focuses only on public real estate properties. At the end, the conclusion confirms that the model adopted by the Brazilian law requires maximization of the application of social function, even in the case of public real estate properties. The social function should be applied to public buildings, as far as possible, to thereby help ensure the achievement of the objectives pursued by the democratic state of Brazilian law.
- Subjects
BRAZIL; PROPERTY rights; FUNCTIONALISM (Social sciences); JUSTICE administration; REAL property; PUBLIC buildings; LAW
- Publication
Universitas Jus, 2016, Vol 27, Issue 2, p43
- ISSN
1519-9045
- Publication type
Article
- DOI
10.5102/unijus.v27i2.4309