Intervenção estatal na ordem econômica: instrumento de efetivação da função social da propriedade

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dc.contributor.advisorBercovici, Gilbertopt_BR
dc.contributor.advisor1Latteshttp://lattes.cnpq.br/0076381506427793por
dc.contributor.authorCarneiro, Alex Ribeiropt_BR
dc.creator.Latteshttp://lattes.cnpq.br/0595060184706108por
dc.date.accessioned2016-03-15T19:34:02Z
dc.date.accessioned2020-05-28T18:05:58Z
dc.date.available2007-08-14pt_BR
dc.date.available2020-05-28T18:05:58Z
dc.date.issued2007-03-06pt_BR
dc.description.abstractThe propriety is an essential element to the human being, to the capitalist economical order and to the State. It is means of safety and personal subsistence, it is the core of the activity and the economical power, and it is instrument of development of the State. This essentiality requests that in all spheres of performance and interest the propriety holds its social function, being capable to produce a worthy life with social justice. Therefore the State, as first agent of service and intermediation of the public interest, should act in a way which the principle of the social function of the propriety is observed and executed. The propriety was not always ruled with the perspective of instrument of social well-being. The propriety right in the Liberal State was absolute and individualist and it didn't allow interference. However, through times, the propriety right changed its profile. This change was fruit of the social inequalities generated by the exercise without limits of the right of exploration of the deprived propriety and of other historical, juridical and social factors, such as the industrial revolution, the Constitution of Weimar, the two great wars, the social movements and the appearance of the economical constitutions. Its new juridical profile is of an individual right of free fruition but conditioned to the service of the social function. Thus the economical exploration of the propriety is founded by objectives and specific principles ruled by the Right and imposed by the economical and social order. Inside of this reality the social, state and economical structure adopted by us demonstrates that the importance of the propriety right and the need of its exploration is addressed and based by principles and juridical objectives of well-being and social development. Our homeland Constitution has searched to harmonize the Democratic State of Right based on fundamental rights of the capitalist economical adopted system, when it is accepted as the foundation of the economical order, the valorization of the work and the free initiative, and as objective of this order to assure the human dignity according to the dictates of the social justice. With this objective the Constitution has prescribed principles for the economical order, with the purpose of orienting and basing the economical activities (art 170), as well as prescribing the performance of the State as a regulator and normative agent of the economical order. As a consequence of our social and juridical structure and our economical system, the principle of the social function of the propriety has become primordial. Primordial not just because of the degree of importance compared to others, but because of its instrumentality, as much for the observance of other principles and objectives of the economical activity as for effectuation of the original ideals of the Democratic State of Right, freedom, equality and fraternity, adopted by States of capitalist economy and proposed as means of citizenship and warranty of the human rights and of development of the society - model which was also in our Constitution. The problem is in the concrete economical and social relationship. For, today judicially the propriety right has been relative but it is concretely confronted with an order of strong economical power, still largely ruled, for the absolute liberal and individualist vision of the 18th century - although some are already observing the principle of the social function. The question raised by these aspects is how to harmonize the economical activity to the constitutional objectives of human dignity and social justice? Such reflection leads us to the effect and observance of the principles of the social function of the propriety by the economical order. This effect requests the useful intervention of the State, not only regulating and supervising the economical activity, but mainly adopting rational and practicable planning, motivating and rewarding social and voluntary actions of economical agents. Adopting a leading State posture, motivating, stimulating and inspectorial of the economical activity to regulate, and, when necessary, repressing of the irregular economical activity. That is through an useful and necessary intervention of the State in the economical order, that may propitiate the effectuation of the principle of the social function of the propriety and lead to the materialization of the juridical objectives - of article 170 CF - of dignity and social justice, and make from this principle an instrument of adaptation of the economical order to the social development. Such development should not be a simple synonym of enrichment of the State and of the economical agents or a simple advance of the technology, but it must be characterized by worthy and capable citizens of contributing for the well-being of the whole social order. For, this is the objective, foundation and reason of our State, of our order juridical, social and economical - to produce true and worthy citizens.eng
dc.formatapplication/pdfpor
dc.identifier.citationCARNEIRO, Alex Ribeiro. Intervenção estatal na ordem econômica: instrumento de efetivação da função social da propriedade. 2007. 165 f. Dissertação (Mestrado em Direito) - Universidade Presbiteriana Mackenzie, São Paulo, 2007.por
dc.identifier.urihttp://dspace.mackenzie.br/handle/10899/23804
dc.languageporpor
dc.publisherUniversidade Presbiteriana Mackenziepor
dc.rightsAcesso Abertopor
dc.subjectpropriedadepor
dc.subjectfunção socialpor
dc.subjectinstrumentalidadepor
dc.subjectordem jurídicapor
dc.subjectordem econômicapor
dc.subjectintervenção estatalpor
dc.subjectdignidade humanapor
dc.subjectjustiça socialpor
dc.subjectdesenvolvimentopor
dc.subjectcidadaniapor
dc.subjectproprietyeng
dc.subjectsocial functioneng
dc.subjectinstrumentalityeng
dc.subjectjuridical ordereng
dc.subjecteconomical ordereng
dc.subjectstate interventioneng
dc.subjecthuman dignityeng
dc.subjectsocial justiceeng
dc.subjectdevelopmenteng
dc.subjectcitizenshipeng
dc.subject.cnpqCNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITOpor
dc.thumbnail.urlhttp://tede.mackenzie.br/jspui/retrieve/3267/Alex%20Ribeiro%20Carneiro.pdf.jpg*
dc.titleIntervenção estatal na ordem econômica: instrumento de efetivação da função social da propriedadepor
dc.typeDissertaçãopor
local.contributor.board1Andrade, José Maria Arruda dept_BR
local.contributor.board1Latteshttp://lattes.cnpq.br/5864928455164779por
local.contributor.board2Forgioni, Paula Andréapt_BR
local.contributor.board2Latteshttp://lattes.cnpq.br/9567614102111491por
local.publisher.countryBRpor
local.publisher.departmentDireitopor
local.publisher.initialsUPMpor
local.publisher.programDireito Político e Econômicopor
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