O Estatuto da Cidade como instrumento de política urbana: análise de certos institutos jurídicos imperativos presente no Estatuto da Cidade à luz da função social e do atual tratamento jurídico à propriedade

Abstract

The 1988 Brazilian Republican Constitution consolidated the fundamental precept of property social function, this way, all the current brazilian legal order was affected by this new concept and, also, the legislator has been linked to this constitutional disposition when creating a new legislation. Nonetheless, despite multiples irradiations from the social function throughout the brazilian legal order, remain the question if the infraconstitutional legislation was capable to fully materialize the property social function. This way, the present research started from the explanatory theories of property with their evolution over time to the current legal principiological scenario and, later, analyze the social function in the 1988 Constitution and in the microsystem of the City Statute. In addition, it was selected the mandatory institutes present in the City Statute (compulsory subdivision, building and use, progressive IPTU over time and urban expropriation) to find out if they are in accordance with the treatment applied to the property and if they are effective for the concretization of the function of urban property.