O Princípio Constitucional da Função Social

This article's theme is the principle of social function related to rural and urban property and companies. Constitutional hermeneutics must provide guidelines for resolving disputes regarding the exercise of rural and urban property and business activity that best meets the social function. The principle of human dignity is also an interpretative and imposing vector for the exercise of the right to property and economic activity, and must be interpreted and in line with the social function, which is a limitation to the free exercise of the right to property and free initiative and profit. Both principles must always be integrative and consistent to provide the best solution proposed here. The result of the study is that the social function of curbing abuses related to economic power is always a challenge in constant construction. The research was developed using the inductive method and qualitative, bibliographic and documentary research.

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Publication Details

Journal
Revista Jurídica da Amazônia.
Published
2024-12-12
DOI
https://doi.org/10.63043/c32xy794
Primary Topic
Brazilian Legal Issues
Type
article
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article

O Princípio Constitucional da Função Social

Marcos Giovane Ártico
Revista Jurídica da Amazônia.
Brazilian Legal Issues
article

O Princípio Constitucional da Função Social

Marcos Giovane Ártico
article en

Abstract

This article's theme is the principle of social function related to rural and urban property and companies. Constitutional hermeneutics must provide guidelines for resolving disputes regarding the exercise of rural and urban property and business activity that best meets the social function. The principle of human dignity is also an interpretative and imposing vector for the exercise of the right to property and economic activity, and must be interpreted and in line with the social function, which is a limitation to the free exercise of the right to property and free initiative and profit. Both principles must always be integrative and consistent to provide the best solution proposed here. The result of the study is that the social function of curbing abuses related to economic power is always a challenge in constant construction. The research was developed using the inductive method and qualitative, bibliographic and documentary research.

Revista Jurídica da Amazônia.Vol. 1(2)
Openalex Percentile: Top 51%
Brazilian Legal Issues
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