PROPERTY RIGHTS: FUNDAMENTAL RIGHT AND SOCIAL FUNCTION

Abstract

The right to property, based on a history of social struggles, is recognized as a fundamental right, intertwined with individual freedom and human dignity. However, its conception has evolved to incorporate a social function, conditioning its exercise to collective well-being. The article explores this duality, starting from legal definitions (such as art. 1.228 of the Brazilian Civil Code) and essential elements of property. Its historical trajectory is analyzed, from Roman antiquity, through feudalism and Enlightenment, until its consolidation in the Universal Declaration of Human Rights (1948). In the Brazilian context, the progressive constitutionalizing of property stands out, from the Imperial Constitution of 1824 to the Constitution of 1988, which integrates the social function as a fundamental principle. It is concluded that the right to property, although guaranteed, must balance individual and collective interests, especially in a scenario of contemporary environmental and urban challenges.