A legitimação do direito de propriedade

Abstract

From the identification of fractures in the property right s dogmatical discourse, the work proposes a new systematization around the theoretical mark of legitimation. For this intent, the methodologies of the discourse analysis, the structuralism and the functionalism will be used. In a first moment, the structures that frame the property discussion are drawn in the property legitimation s ideological discourse. These structures will be useful to give coherence to the new dogmatical discourse in a final stage. Later, the work presents the conflict between the property right s traditional dogmatical discourse, described following the lessons in classical manuals and treaties, and the elements which indicates a new discourse. Although the infiltration of the new discursive elements has occurred in a diffuse way, it tries to trace their hidden relations. In the end, it offers a proposal for a new dogmatical discourse, more adequate to the ideological discourse s structures and to the present social context, based, mainly, in two legitimation factors: the individual function and the social function of property.