O direito fundamental à propriedade privada a partir de instrumentos de política pública para acesso, proteção, uso e o seu conceito : diretrizes a partir da teoria sistêmica.

Abstract

The following thesis has as main subject The private property from the public policy tool to the access protection and use, seen from a systemic theory, as a premise to the communicational programs comprehension, conditional and the review of these public policies e the own property concept. The problem in this thesis is: which guidelines, from the systemic theory, can contribute to the review of the public policies to access, protection and fundamental private property right in Brazil, as well as its concept? The actual hypothesis was structured in two ways; first: that the systemic matrix is able to provide guidelines to the access, protection and usage to the fundamental private property public policies; second: it anticipates three guidelines, it starts from the systemic theory, which may contribute to review the access, protection and usage of the fundamental private property public policies in Brazil, which are: governance, regulation and legal safety. The main objective aims to build a guideline concept, from the systemic theory, to the review of the access public policies, protection and use of the fundamental right to the private property in Brazil, and the review in the property concept itself.The theoretical framework adopted was the systems theory and Niklas Luhmann’s evolution theory. To achieve the main goal, the text was structured in four chapters; first: the public policies definition according to the systemic theory, as premises to the comprehension of what are the communicational programs related to the access, protection and usage of the fundamental private property public policies in Brazil; second: the traditional model to perform the law of access, protection and usage of the fundamental right to the private property in the Democratic State based on the rule of law; third: from the evolution of the property right and the traditional model of access, protection and usage of the fundamental right to the private property public policies generated by the fundamental rights theory; and fourth: the guidelines, from the systemic theory, to review the access, protection and usage of the fundamental private property right to the in the public policies. To make the investigations, which is a bibliography, some methodologies were adopted: the approach method was the systematic; the procedure method was the functional. The research technique was bibliographic based in indirect data, in other words, consulting in primary and secondary sources. At last it was contributed with theoretical propositions in academic nature, confirming that the system’s theory can contribute to the concepts restoration and the guidelines extraction to review the access, protection and fundamental usage to the private property public policies.