The State

5, XXIII of the CF). Social function of the urban property: ' ' The urban property fulfills the function social when it obeys the basic lines of direction of ordinance of the city fixed in the plan diretor' ' (art. 182, 2 of the CF). The managing plan will establish which areas is residences, commercial and industrial; which are the zones of falling and etc. ' ' The managing plan, approved for the City council, obligator for cities with more than twenty a thousand inhabitants, is the basic instrument of the expansion and development politics urbana' ' (art. 182, 1 of the CF). ' ' The politics of urban development, executed for the Municipal Public Power, as general lines of direction settled in law, have for objective to command the full development of the social functions of the city and to guarantee well-being of its habitantes' ' (art. 182 of the CF).

Exactly taking advantage the social interests and not individual them, the Power cannot Public to intervene simply with the private property for random decision. He has a necessary regramento all that also he is foreseen in law. ' ' The State will be able to intervine in the private property and the economic activities to propitiate the welfare, since that it obeys the limits constitutional that support the public interest and guarantee the individual rights. If the property will be fulfilling its function social: The intervention alone can have for base the supremacy of the public interest on the particular one, that is, could only be made by public convenience, public utility, or for social interest. The indemnity in this case if of the one by means of previous and joust indemnity in money. ' ' The law will establish the procedure for dispossession for necessity or public utility, or social interest, by means of joust and previous indemnity in money, excepted the cases foreseen in this Constituio' ' (art.