Entre o privado, o público e o comum: repensando os direitos de propriedade da terra

Abstract

In common sense, the term property refers directly to the notion of individual, exclusive and absolute private property. At most, the existence of public property is admitted, which is invariably confused with state property. This extremely simplified understanding contributes to reduce the complexity contained in the idea of property, as well as to obscure its social and political dimensions. In this work, it is argued that the concept of the commons is appropriate to deepen the critique of private property and the ideology of possessive individualism, as well as to the recognition of a wide spectrum of collective forms of use and tenure of the land. Navigating between the histories, institutions, rights and ideologies related to land ownership, we seek to offer elements for critically reconsidering the notion of property. To this end, the antagonism between the common and private property is discussed, addressing the institution of property rights, the ideology of possessive individualism, and the existence of more collective and less exclusive forms of property rights that do not fit in with the public-private binarism.