THE SOCIAL RESPONSABILITYOF REAL ESTATE IN BRAZILIAN REPUBLICANCONSTITUCIONS: THROUGH THE STRUCTURE OF FUNCTION

Abstract

The social function is very relevant subject in various legal disciplines relevant and deserved treatment in the Charter of 1988. Policy But despite the emphasis released last Constituent Assembly, the legal literature lacks a study on the legal treatment of the social function in the Constitutions Brazilian republican, that is, in the Constitutions of 1891, 1934, 1937, 1946, 1964 and 1988. This study is important because the static concept of property was replaced by dynamic concept. The Constitution of 1988 honored the social function. From this new paradigm, the institutes must be observed by its function and not only through the prism of its structure, as there may be a change of economic nature without changing the legal text. The right must be exercised in favor of the community.