From Private Ownership to Urbanistic Ownership:

The coexistence between Individual Property Rights and the Democratic Management of Cities

Abstract

The objective of this article is to demonstrate how the social function of property has brought a new conception to the fundamental right to property and, at the same time, is the basis for establishing urban planning policy. To this end, the main elements that make up the right to property in civil law are initially presented, and how, through the Federal Constitution of 1988, there was an evolution and a new conception in relation to the role of property and the limits to its exercise based on its social function. Based on the study of the evolution of property in Brazil, the aim is to highlight that its social function is an integral part of its concept and its concreteness through instruments provided for in the City Statute (Law nº. 10.257/2001) gives it density for an adequate use of urban land.