Author(s) Rafael Machado Soares
Advisor(s) Pedro Carlos da Silva Bacelar de Vasconcelos and Germano André D. Schwartz
Year 2014

Synopsis Land, as means of production and as a mean of economic activities, has always been a privilege of few. The search for its access was and is constant because of the security it gives when times of social and economic crisis come. The Brazilian constitution, as well as the Portuguese, guarantee the right of owning property, however, the access to it is still an endless quest. The difficulty in having access to properties comes from many factors, and this makes the “capitalist truth” very present in post-modern society stand out. This truth helps to spread the quest for property as the sole objective of capital gain, shedding the true value of this asset: a tool for social control. In this sense, the study of this context is necessary, because understanding the structure is primal to stopping the overwhelming complexity present today, in the way that complexity is a synonym of the spread of social indignity. Ways of utilizing the means of production in a more socially productive way should be searched, so that there is a possibility of building a new reality, a reality in which society is more equal and, therefore, social justice is more present. This paper, therefore, will have, as an objective, to study the right of property under Luhmann’s categories of normative expectations, analyzing the legal structures of the access to property, as well as contributing with new ways of viewing existing laws trying to reduce its complexities and, in consequence, social unevenness brought by the potential reach of this asset to people that need it in the quest of the reconnaissance of their dignity. To accomplish this, it will use Luhmann’s theory of systems, having as a method Luhmann’s functionalism and, as a procedure method, the analysis of bibliographical material.

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