CONFLITOS FUNDIÁRIOS E A DESAPROPRIAÇÃO

Uma análise do caso Bubas e a função social da propriedade

Abstract

The study investigates the historical and social transformations that have shaped the conception and exercise of property rights, focusing on their social function and state intervention when this is not fulfilled. The aim is to analyze the grounds that legitimize the State's action in cases where properties do not meet their social function. Given the persistence of a privatist view of property and the reluctance of the Judiciary to adopt a more inclusive approach, the study proposes a critical reflection on the topic. Using bibliographic review and case analysis as methodological tools, the study relies on fundamental concepts to understand the social function of property, culminating in the analysis of the Bubas case, which occurred in Foz do Iguaçu. It is understood that, besides being an individual right, property should be seen as a tool for social development and the guarantee of social rights, with the principle of social function being essential in this process. The results highlight the persistence of a deeply rooted understanding of property as an essentially private right throughout history, hindering its evolution into an instrument of social justice. There is significant progress in the way property rights are treated judicially, especially when confronted with other fundamental rights, such as the right to housing. The study reveals the complexity and challenges involved in reconciling individual property rights with society's collective demands, emphasizing the importance of a more inclusive and sensitive approach by the Judiciary and the State.