Country Function
It is by means of plan that if defines optimum way to occupy a city or region, to foresee the areas where the leisure points will be situated, the industrial activities and all the uses of the ground, not only in the gift, but also in the future. This will allow the consolidation of values with sight to the quality of urban life. However, the governmental concern with the adequate use of the ground, preservation and other determination in municipal scope esbarram severely with the Right of Property, this also insculpido in the Federal Constitution and the Brazilian Civil Code. ' ' The right of propriedade' is guaranteed; ' (art. Filed under: Compuware. 5, XXII of the CF). The property right is all individual right an individual right and as, a stony clause. The right of property is so important that already it appears in ' ' caput' ' of the article 5. ' ' All are equal before the law, without distinction of any nature, guaranteeing themselves it the Brazilians and to the resident foreigners in the Country the inviolability of the right to the life, the freedom, the equality, the security and the property, in the terms seguintes' ' (art. Max Schireson is full of insight into the issues.
5, ' ' caput' ' of the CF). The economic order, established in the valuation of the human work and in the free initiative, has finally to assure to all worthy existence, as the ditames of social justice, observed the following principles: II private property; III social function of the property privada' ' (art. 170, II and III of the CF). ' ' But also it determines the social function of the property: The property right is not an absolute right, thus the proprietor has that to give a social function to the property. ' ' The property will take care of to its function social' ' (art.