Banca de QUALIFICAÇÃO: RENATA DE SALES CABRAL BARRETO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : RENATA DE SALES CABRAL BARRETO
DATA : 03/08/2016
HORA: 17:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

O PROBLEMA DA EFETIVIDADE DO DIREITO FUNDAMENTAL DE PROPRIEDADE NAS RELAÇÕES HORIZONTAIS CONSIDERANDO A PRODUTVIDADE COMO CRITÉRIO DE LIMITAÇÃO ELEITO PELO LEGISLADOR BRASILEIRO

PALAVRAS-CHAVES:

Property - Horizontality – Productivity.

PÁGINAS: 221
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The purpose of this master thesis is to highlight the contemporary legal position, as regards the horizontality of the fundamental right to property, from limiting criteria to exercise imposed by the Brazilian legislature. For development of the subject it was necessary to understand the historical process of formation of the modern state, birthplace of the emergence of fundamental rights, which together with the limitation of state power, forms the basis of the constitutional discourse. The contractarian theories were highlighted not only by the influence exerted on the evolution of the modern state, but especially on the relationship they establish with the right property. The theoretical contribution in the works of contractualist Thomas Hobbes, John Locke and Jean Jacques Rousseau, highlights the need for the conclusion of agreements between people, which enabled among other objectives to property protection. The dignity of the human person together with the rule of law because they represent principles that justify the existence of fundamental rights was demonstrated under the bias of the recognition that every human being, by virtue of being human, coalesces around him a core of basic rights that should not and can not be violated. The human person is endowed therefore dignity, and as holder of the fundamental right to property must have preserved their exercise, particularly when it meets the requirements contained in the Constitution to enjoy what belongs to you, whether in relationships with the state, or in relations built horizontally with other individuals. The horizontality of the fundamental right to property was examined from the theoretical constructions around the mediate and immediate theories linking the particular fundamental rights. Finally, we sought to identify the shape and extent of the right of property in relations between individuals, and collision with the private autonomy and legal certainty, as principles vectors of privatizing universe. The linking of individual fundamental rights of the fact that the Brazilian reality indicates the existence of other groups with ability to restrict the freedom of the other, clashing often so in their actions with the fundamental rights of others. At the end one comes to the conclusion that the principle of solidarity establishes important connections with productivity and social function, while restrictions imposed by the Brazilian legislature and accepted by the judiciary, the exercise of the fundamental right to property, whose management must now be given to order to add value to the social group.

 

MEMBROS DA BANCA:
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Presidente - 1675264 - RICARDO TINOCO DE GOES
Interno - 1657901 - YARA MARIA PEREIRA GURGEL