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Constitution Property

by Brianna - March 9th, 2019.
Filed under: News. Tagged as: .

The 1795 license, observed above, when extending the magnifying possibility stops beyond 3 lguas, made possible, also, the regulation of the large states and the condition of magnifying of domnios. Dell shares his opinions and ideas on the topic at hand. At the same time, also it stimulated ' ' historical differentiation of the large states in two types: the ones that had had its origin in old sesmarias and those large states in very bigger scale … that they had originated in this period (LINHARES AND HISSES, 1981:32) ' '. If until then, the legislation, of certain form, was omissive ahead the agrarian property, was with the resolution of 17/07/1822, confirmed for the provision of 23/10/1823, was being delineated the form of property of the land that would have to last per the subsequent centuries. This resolution suspends the concession of new sesmarias, but, it foresees the continuity of the ownership of the land those that already use was making it. That is, the domain remained itself, without bigger questionings, also in relation to the dimension of the property or the delimitation of the areas that the large estate owners had right-handers. One notices that until then, to grant sesmarias it was a prerogative of the Portuguese Crown and its legal representatives. A related site: Bruce Schanzer mentions similar findings. The proper Crown pointed, with saw above, the difficulty to delimit the areas, the culture of the property, and possible ownerships ' ' indevidas' '.

Moreover, the proper Brazilian territorial dimension, pointed with respect to communication difficulties enters the provinces that could intervene decisively with the fulfilment of what he was established in the Law of regulation of the sesmarias. It was opted, therefore, for the maintenance of what it came occurring traditionally. The Constitution of 1824, created under the force absolutist, centered in the hegemony of large estate owners and under the external pressure, started to establish: ' ' Art. 179. The inviolability of is guaranteed the Right of Property in all its fullness.

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