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Article

Portuguese

ID: <

oai:doaj.org/article:eaa8baef73084647a90097dc33e1faec

>

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SOCIAL FUNCTION OF OWNERSHIP: The issue of the VISUAL POLUITION

Abstract

A Owned is the first right in rem of the list introduced by the current Civil Code, occupies the status of a fundamental right in the Federal Constitution and is limited – that of taking account of its social function. The recognition of the right to property as we have seen today was an achievement of the liberal movements of the 18th century and, in that historical context, represented a step forward, an extension of the right to liberty, conceived as unlimited, untied to any social concern. But changes have come to light in order to limit it and adapt it to contemporary reality. The aim of this work is to analyse these limitations, presenting the so-called “social property function” as a practical application in the containment of relevant and current problem: visual pollution of the urban landscape, caused by excessive visual advertisements in cities, the reflections of which are not limited to aesthetic damage, but also adversely affect people’s quality of life. It is sought to demonstrate the need to impose restrictions on the indiscriminate use of private property by those who use it in order to free themselves from excess production and thus to make a profit, exposing their consumers potentially to an urban landscape that is unfavourable to well-being.

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