A propriedade privada vista por Aristóteles e Tomás de Aquino e a proteção da posse com função social no estado democrático de direito

Abstract

The present work has the pretense of, first, condense the main advances in terms of general theory of constitutional law. In this context, we will work the various and main categories of current tools, notably human dignity, proportionality and reasonableness, the normative force of the Constitution, the expansion of constitutional jurisdiction and the resizing of the interpretation on the application of the law. Seated the premise in order to assign greater magnitude rational and evaluative (opening) in the implementation of the law, with these grants seek to address the issue of private property and ownership, underscoring the tension between property without social function and social function with possession. To this end, we seek theoretical support in respected philosophy of Aristotle and Thomas Aquinas, when we will conclude that private property is necessary for the common good, however, with that comes the obligation to use trailer, which if breached, enables the community proper use, when in turn the possession with social function remains protected at the expense of private property without social function. Such a conclusion and applying constitutionally justified according to the provisions of Art. 5, XXIII, of CRFB/88