Critical analysis of the social function concept of urban property through a case study at the Guarapiranga basin in the state of São Paulo
Property rights, considered unlimited in the past, have been gradually associated with a social and environmental purpose. This text studies the concept, content, limits, and potential practical application of the principle of the social function of the urban property; presents the key legislation a...
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| Autori principali: | , , |
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| Natura: | Online |
| Lingua: | por |
| Pubblicazione: |
Universidade de São Paulo. Faculdade de Arquitetura e Urbanismo.
2006
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| Accesso online: | https://www.revistas.usp.br/posfau/article/view/43486 |
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| Riassunto: | Property rights, considered unlimited in the past, have been gradually associated with a social and environmental purpose. This text studies the concept, content, limits, and potential practical application of the principle of the social function of the urban property; presents the key legislation associated with it; and examines whether the concept involves environmental protection. The Brazilian Federal Constitution of 1988 has associated property rights with compliance with social function requirements, regulated by master plans of the municipalities. Environmental balance was understood to be a fundamental right. Law n. 10.257/2001 enabled the practical application of this principle. The present brazilian civil code includes the social purpose of property and its compliance with environmental laws. The conclusion was that it is possible to have a precise assessment if an urban property meets its social function. If this does not happen, penalties may apply. However, this concept does not include environmental aspects, only urban criteria for land use. |
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