Direito de propriedade de bens imóveis e os limites da função social no ordenamento brasileiro

Abstract

This monograph is dedicated to the analysis of the right to property of real estate, a fundamental and foundational right in the Democratic Rule of Law. It ensures that citizens can own, enjoy, and benefit from their properties without fear of unjust deprivation of their rights. In contrast, the principle of social function serves as a counterbalance to the right to property, establishing guidelines and duties for the proper use of property, which must be observed by all, as they are equally essential for societal life. In this context, there is a clear pursuit of balance between fundamental values: on one side, the right to property of real estate; on the other, rights such as housing protection, work, family protection, and the rational and adequate use of land. This study aims to explore the concepts and seek a balance between these fundamental values and their limits. To this end, it begins with the concept of fundamental rights, addressing their historical development and evolution in the legal system. Additionally, the concepts of property rights and the social function of real estate will be discussed, along with relevant legislation and the interpretation on the matter