Interconnection between the social function of property and decent housing in the Brazilian legal system

• DOI: https://doi.org/10.22533/at.ed.216422417015

• Palavras-chave: Social function of property – Private Property – Decent housing – Social Law – City statute.

• Keywords: Social function of property – Private Property – Decent housing – Social Law – City statute.

• Abstract:

  This work is the result of bibliographical research, where we will seek to demonstrate the link between the social function of property and the social right to housing. We seek to highlight the connection between apparently contradictory elements (duty X right), both applied to property. We will demonstrate that at the same time that the Constitution guarantees the right to property, it conditions the exercise of this right to a duty (social function), and within this aspect, the right to housing falls. The studies begin with the notion of property, highlighting the existing normative framework, focusing on the constitutional right/duty protection of property. Next, the inseparable relationship between the aforementioned right and the social right to decent housing will be addressed, also considering the public policies responsible for the correlation.