Propriedade urbana e função social : a flexibilização do direito de propriedade à luz das práticas de conservação do patrimônio cultural de Santa Cruz do Sul.

Abstract

The property institute, initially identified as an absolute character law, exerted in the exclusive interest of its bearer, acquired status differentiated in the Federal Constitution of 1988, when it passed to be labeled by the constitutional principle of the social function. With the advent of the Federal Law n.10.257/2001 and the new Civil Code of 2002 the social function of the urban property had extended the perspective of its concretion, therefore the two statutes foresee necessary the social destination as measured to the guarantee of the prevalence of the public interest. However, despite the new paper of the property in the Brazilian civilian-constitutional order, the concretion of the social function still depends on the overcoming of some questions. The methodological procedure involves the explorative and descriptive research. For its accomplishment a qualitative boarding through a case study was adopted with field research and documentary techniques. The inquiry allowed to evidence that: the conception of absolute the property as right remains effective; the reach of the effectiveness of the social function of the urban property depends on the performance articulated of public sectors in all the spheres and on the effective participation of the community in the actions of urban intervention, in the scope of the city; the managing plans must foresee objective criteria to identify the fulfillment of the social function of urban property and, also, to define incentives and compensations to the proprietors, in order to promote and to integrate the patrimony to the urban dynamics.