Direitos fundamentais e expectativas normativas: o caso da função social no direito de propriedade.

Abstract

The relation man nature is not something new. Amongst the natural possessions, the human being explored since the beginning, the goods of the ground. This exploration, that it was advancing in the measure, started to be reason of social discord, once being this ground used as subsistence source, there was the access necessity in order to reach out this purpose. This access, however, as it will be analyzed, was not generated in an equal way, causing, for consequence, the economic and social disequilibrium of most of the participants of this society. Considering the increase of this inequality, generated each time more for the necessity of access to this capital possession, and for the restricted possibility to the some privileged ones of this objectives, perfectibilization, beginning the property to always be more and more studied, so that its use was destined inside of the social yearnings. The present study, therefore, will have as objective to analyze this fundamental right under the normatives expectative