The Social Function of Urban Property

Abstract

This scientific article is an object of study the applicability of the institute of the social function of urban property in the real estate sphere. To achieve this purpose, it is a brief history of the rise of the social function of property, differentiating the terms "property" and "domain" in order to be understood that the social function of property as exercise limitation inherent to the owner colleges considering it as a juridically protected relationship in which the community is at one pole of this connection. In this vein, the developments reflected social function in the use of urban property to show themselves, on the basis of constitutional provisions as well as the infra laws for constitutional delegation of power have the police power to compel the exercise of property as established molds. Under the urban law, this research develops a study about the urban land regularization of social interest. For this, the theoretical framework defined by the Constitution of the Republic of Brazil/1988 to enshrine the social function as a fulfillment of duty of the fundamental right to property was used; as well as the use of theoretical methodology and literature review, with doctrinal and jurisprudential studies and analysis of infra laws thus allowing verify the extent of the social function of property, its influence on urbanization processes and the use of this as a tool aimed at making possible the realization of a more just and egalitarian country.