A função social da propriedade urbana

Abstract

The article analizes the existente conflict between the individual conception of the property right and the public conception of the urbanist right. It tries to explain, also, that the principle of social function is a intern and qualifier element of the urban property right, setting up its use, enjoyment and disposition, conform teh rules of the Municipal Director Plan, according to what is disposed in the article 182 of the Federal Constitution. This institute determines that the urban real state ower most be obliged to give a rational end to his real property, under sanction regret, such as: the compulsory division or edification; tax over the progressive urban predial and territory property in the period; desapropriation with playment by public debt titles of emission preapproved by the Federal Senate, with money returning delay until ten years, in annual parcels, equal and sucessives, insured with the real value of ten years, in annual parcels, equal and sucessives, insured with the real value of the indenization and the legal benefits. The last goal of the principle of social function is to render favorable to everybody a worthy life in society.