HERMENÊUTICA DO DIREITO DAS COISAS
em busca de uma inserção do discurso da função social no cenário do patrimônio mínimo
DOI:
https://doi.org/10.24862/rcdu.v15i1.1709Abstract
The history of real rights is difficult, because to understand the social function it is necessary to diminish the force of the thought of the absolutism of the property. Therefore, to reach the stage of social function requires a great evolution of humanism, which happened in more recent constitutional times. Therefore, until the present day, there is still an initial movement of understanding of this principle. The social function is closely intertwined with private property, which is why the essence of property will only be consolidated if there are no attacks on the principle of social function. The theory of minimum patrimony conveys to us that property and possession are not its main components, but dignity, together with its derivations. There is an authentic encounter between the dignity of the human person, the process of humanization, the social function and the minimum patrimony. It is an interdependent interpretive block.
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