Post by shiha520 on Feb 11, 2024 11:26:28 GMT 1
While Brazil implemented its first Civil Code (from 1916), in which property was considered a commodity and without a social function, countries like Germany were already thinking further: property obliges; its use must also serve the common good, said the second part of article 153 ( Eigentum verpflichtet. Sein Gebrauch soll zugleich Dienst sein für das Gemeine Beste ). SpaccaThe symbolic framework of the social function of property took a long time to become a normative framework in Brazil. And we know how the "consequences always come later" with agrarian conflicts and lack of housing in cities.
The Constitution sought to make up for lost time. The normative framework began to serve as a guide for struggles over land and housing. Note that in addition to the social function of property (article 5, item XXIII of the Constitution), we have the fundamental right (let us pay attention to the strength Canada Email List of the word) to housing. Of course, no one thinks of issuing a writ of mandamus demanding the subjective right of the State to build houses or to determine a piece of land. However, constitutional norms bind otherwise . They limit actions and at the same time encourage them. Law is a limitation on power.
Instrumental readings of the law do not realize this. But ultraliberal readings of the law perceive only this. Law is not just a limitation on power. It is a condition of possibility. It's not the instrument. But it's not just a barrier. It's institutional filtering. The role of the STF in preventing evictions and reinstatements What I want to say is that, in crises like the pandemic, the Brazilian Supreme Court did well to use constitutional provisions to prevent evictions and reinstatements. The law matters. The law must serve something, without being instrumentalized. This difficult balance is what marks the Rule of Law.
The Constitution sought to make up for lost time. The normative framework began to serve as a guide for struggles over land and housing. Note that in addition to the social function of property (article 5, item XXIII of the Constitution), we have the fundamental right (let us pay attention to the strength Canada Email List of the word) to housing. Of course, no one thinks of issuing a writ of mandamus demanding the subjective right of the State to build houses or to determine a piece of land. However, constitutional norms bind otherwise . They limit actions and at the same time encourage them. Law is a limitation on power.
Instrumental readings of the law do not realize this. But ultraliberal readings of the law perceive only this. Law is not just a limitation on power. It is a condition of possibility. It's not the instrument. But it's not just a barrier. It's institutional filtering. The role of the STF in preventing evictions and reinstatements What I want to say is that, in crises like the pandemic, the Brazilian Supreme Court did well to use constitutional provisions to prevent evictions and reinstatements. The law matters. The law must serve something, without being instrumentalized. This difficult balance is what marks the Rule of Law.