PROPERTY RIGHTS AND THE KALUNGA COMMUNITY: AN ANALYSIS OF THE PHILOSOPHICAL ROOTS AND SOCIAL FUNCTION OF LAND

Abstract

This article examines the concept of private property and its social function, contrasting it with collective ownership practices adopted by traditional communities, especially the Kalunga quilombola community in Goiás. Private property, historically consolidated as an inalienable individual right in classical liberal thought, especially in John Locke, became one of the pillars of capitalist development. However, the idea of property as an absolute right faces criticism from scholars such as Carlos Frederico Marés, who proposes the concept of the social function of land as a means of promoting social justice and respect for collective ways of life. The Kalunga community exemplifies this social function by managing the land collectively, ensuring the subsistence of all without the need for individual property titles. This collective model preserves cultural identity, respects the environment and resists the exclusionary logic of private property. Inspired by Bruce Gilbert's theory, the article reflects on the possibility of making property rights more flexible to include mutual recognition and collective responsibility, promoting more inclusive and sustainable land use. The analysis concludes that, in the face of contemporary demands for sustainability and inclusion, the future of property rights must incorporate practices that serve collective well-being and respect traditional ways of life. This model challenges the individualistic paradigm and proposes a vision where land serves not only economic development, but also social justice and cultural and environmental preservation.