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Estudios constitucionales

versión On-line ISSN 0718-5200


BORGES DE OLIVEIRA, Álvaro  y  ANDRADE LACERDA, Emanuela Cristina. CONSTITUTIONAL EVOLUTION OF PROPERTY. Estudios constitucionales [online]. 2011, vol.9, n.2, pp.713-740. ISSN 0718-5200.

The needs of men and the underlying ideological influences of each people were, throughout the history of mankind, being recognized from political struggles that proclaimed norms and laws to regulate life in society. In this context one can infer the emergence of the state, which is meant to be tied to the origin of man and property. The characteristics of the evolution of the State or political society are peculiar to each instance of this, and underlined by various philosophers and researchers who have clung to this study. Although there are different theories and theorists who seek to define when and how was the beginning of the State or political society, this study will be based on the analysis of a State conceived under the optics of contractualism, then look for the institute of Property especially as there was its recognition and treatment in order to relate it to contemporary times, in other words, the target of analysis will be focused on the property from the Modern State from the perspective of contractarian, to the advent of the Constitutional State nowadays.This theoretical distinction is justified on the grounds that the private character of property or individualistic appeared only with the advent of the Modern State, behold, there came a man having rights and obligations, seeing therefore in antiquity, a property with its own characteristics, however, different from the current conception of property, as it will be exposed. So we share the idea that property in its current direction, should be studied from the French Revolution, which had a decisive collaboration to meet the inherent powers of the Property, setting the power of the owner, who later suffered socialization.

Palabras clave : Property; Property Rigths; Constitucional Evolution.

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