La función social negativa del derecho de propiedad en sistemas políticos constitucionales y la afirmación popular de los derechos humanos

Abstract

According to comparative law method, the present article delves into the social function of property question regarding its ineffectiveness in two different constitutional realities. Taking into consideration the case of eviction, in the Brazilian city of São José dos Campos, area of Pinheirinho; and the Spanish case in Tarragona, Catalonia, about abusive clauses in property contracts, human rights matters are setting the hard law stage for social constitutional principles and guarantees. Different constitutions along the present work emphasise the idea of social function of property as a historical experience not only circumscribed by Spain and Brazil cases. For the ineffectiveness overcoming in the debate about irresponsible proprietors, social movements and popular affirmative actions have made an effort to avoid human rights violations in housing matters, although their demands evoke questions of legal proceeding and consumer protection.