O direito à propriedade privada urbana como objeto de luta simbólica

Abstract

This work is the study of property rights from the problem of symbolic struggle for their regulation. Based on the concept of symbolic power proposes a reflection on the invisibility of relationships surrounding the still obscure institution of private property. The reflections on this invisibility reveal how old arguments, for example, the foundation of property as a natural right still arise as a justification of institutional decisions. In addition, concepts such as the reasoning of the property as a fundamental right or a social function of property may also cover discourses of exclusion. The real estate private property is presented as a social and historical construction in its relation to the urban phenomenon, delimiter new conflicts to be faced. Based on critiques of urban law point up the problems that the current regulation of the right to property and faces cannot solve. The research develops the study of property from internal conceptions in the field of private law, however, talking with the public history, law, philosophy, sociology and law. Finally, based on the idea cooriginalidade between public and private spheres research discusses the need for standardization of property involving both the private and the public law duty to combat social inequalities.