The Agrarian Law and the Law Property: Aspects of Easements on Properties that Violate the Social Function

Abstract

The right to private property is present on the Right and the Brazilian reality, whose protection institutes are ensured by law. In this sense, the fulfillment of the social function is a prerequisite that provides protection to land ownership, is ensured in the Constitution, which also establishes exceptions to the exercise and allow state intervention, such as the institution of administrative easement. It is, however, compensation for losses that effectively characterize the reduction in the economic potential of the property, which reconciled with public and constitutional aspects, will be mitigated if have no fulfillment with the social function.

Keywords

• Propriedade agrária
• Função social
• Atividade agrária
• Servidão administrativa