From Ordinances to legal norms: the trajectory of property rights in Brazil

Abstract

This text presents the trajectory of the concept of property rights in Brazil. Identifying the Philippine Ordinances as the historical origin of the legal norms that govern property rights in Brazil, this paper recognizes the permanence and transformations of the concept over time. Through the analysis of key legal documents of a national scope, the text follows the transformation process of the concept of property, defining the moments of inflection. From within this scenario, the future of the concept is discussed, considering the conditions in which the growing urbanization in Brazil occurs. Lastly, it is questioned whether it is possible for the analyzed trajectory to incorporate use as a defining aspect of property relations.