John Locke's theory and Brazilian law:

a parallel to the social function of property

Abstract

According to the natural law theorist John Locke, property can be viewed as a natural right of divine origin that cannot be violated. This right currently has restrictions and is protected as a fundamental right in the constitutional order, as well as its social function guaranteed in the Federal Constitution. This study presents private property from John Locke's perspective, considering his understanding in relation to the right protected in the legal system, especially regarding the social function legitimized by them. The analyses in this work were developed using exploratory qualitative research methodology, comparing theories with legal documents and employing the inductive method. It understands that Locke's theory and the Brazilian legal system share similarities regarding the right to use property; for Locke, property must be legitimized by human labor, having productivity and not harming the collective, as prescribed in the legal system as fulfilling its social function. In conclusion, the text argues that the ideas supported by Locke are part of a historical evolution that helped spread the understanding that property is an inherent right of man and must be protected by the State, as the Brazilian legal system recognizes property, its social function, and its importance.