“Private Property” within Private Law and the Constitution

Abstract

Originally published in 2002 by Professor Alcides Tomasetti Jr. in the Revista de Direito Mercantil, Industrial, Econômico e Financeiro, the article examines ‘private property’ as a legal concept within Private Law and the Constitution. The author discusses the legal role in assigning ownership and how scarcity influences conflicts over goods. The distinction between the right to property and the right of property is explored, highlighting consumable and productive goods. The paper emphasizes the interplay between ethical and patrimonial aspects of property within the constitutional framework.