Private property is a right that gives its holder different powers such as using, enjoying and disposing of a particular movable or immovable property.
However, this right cannot be exercised unlimitedly, as it would influence the rights of others, which also understands the same interests of other individuals and, it is up to the Public Authority to limit the extent to which the power of each a.
Private property is a central concept of capitalism, and also performs a social function, provided for in the Federal Constitution of 1988. This means that private property, in addition to serving the interests of the owner, must fulfill its social function and its use must comply with the public interest.
Private property in history
The right to own property has been assured since ancient civilizations and its understanding varies according to the historical, political and cultural contexts of society. But it was only from classical antiquity and with the development of Roman Law that this law started to be systematized.
From that period, that begins in century VIII a. C., society was adapting its understanding of private property, up to the perception we have of this right today.
- Classical antiquity (8th century a. Ç. - Vd. Ç.):
Classical antiquity coincides with the period of development of the Roman law, which began with the foundation of Rome, in 753 a. a., and ended with the fall of the Roman Empire of the West, in 476 d. Ç.
Three characteristics summarize the understanding of this right in this period. For the Romans, property was exclusive, absolute and perpetual.
The owner of an asset was one who had the unlimited right to use, enjoy and dispose of his property, that is, the domain over the asset or property was absolute.
It is worth mentioning here that, for Roman Law, in addition to material heritage, the wife and children were also householder's properties.
- Middle Ages (5th - 15th century):
With the fall of the Roman Empire and the rise of the feudal production model, property came to be understood from a collective perspective. This understanding is based on the way this society is organized and its relationship with the land.
At the feudalism, the social and political structure was based on vassalage. The vassal was a free man, who submitted to the lord (who owned land) and rendered services to him and swore allegiance in exchange for protection.
Although the lord is the effective owner of the lands, the vassal used them to make a living.
Legally it was a kind of concession of part of their lands - so it is understood that during this period the collective view of property superimposed on the idea of absolute and individual property of Law Roman.
know more about feudalism and vassals.
- Modern Age (late 15th - 18th century):
It is in the Modern Age, from the late Middle Ages to the French Revolution, that the feudal system begins to decline.
The bourgeoisie, inspired by the ideals of the Enlightenment and in the midst of the development of commerce and industry, preached more political and economic freedom. It also took up the idea of property as an individual right, as in Roman Law.
The development of capitalism led to an appreciation of individual over collective interests and strengthened a protectionist idea of the right to private property. Signed in 1789 in France, the Declaration of the Rights of Man and Citizen determined that the right to property was inviolable and sacred.
Understand the meaning of revolution and enlightenment.
- Contemporary (1789 to the present day):
During the Industrial Revolution, due to precarious working conditions, union movements emerged. These collectives fight for the improvement of working conditions and make the State responsible for protecting social rights, such as health, education, social security and work.
From then on, the right to property is relativized and two important concepts emerge to understand private property in contemporary times: the social and environmental function of the property.
Based on these concepts, it is understood that a property should not only and exclusively satisfy the needs of its owner. This means that the owner's individual interests cannot override collective interests and environmental preservation.
See also the meaning of capitalism.
Social and environmental function of private property
The consideration of social aspects in relation to property has its legal framework in the Weimar Constitution, in 1919. This German constitution linked the right to property to the need for it to serve the common good.
Since then, constitutions around the world have considered the social function of property in their texts. In Brazil, the first Constitution that brought this understanding was that of 1934.
The 1988 Constitution, in its article 5, XXIII, establishes property as a fundamental right and then determines that property must fulfill its social function. Then, in article 170, when talking about the principles of economic activity, he assures the need to protect the environment.
know more about social function of property.
Private ownership of the means of production
In the capitalist system, a structuring concept is that of private ownership of the means of production. According to one of the theorists of capitalism, Karl Marx, in the capitalist system there are two main classes: the capitalists, who own the means of production; and workers, who offer labor power to capitalists.
The means of production can be: land, machines, industries, facilities, vehicles and anything that serves for the development of economic activity. As they own the means of production, capitalists employ workers to produce goods and services, which will be sold for profit.
The workers, as they do not have the means of production, sell their labor power to the capitalists, who in exchange for their service pay them a salary.
Communism and the extinction of private property
The communist ideological current defends the extinction of private ownership of the means of production. This would be one of the ways to end the existing class division in capitalism - proletarians and capitalists - and build a more egalitarian society.
In communism, the means of production would be owned by the whole society, but before that, in a Socialist state - stage before communism - the means of production would be under control state-owned.
See also the meaning of communism, modes of production and characteristics of capitalism.