Os limites da autonomia privada na disposição das cláusulas de inalienabilidade: uma visão à luz da Constituição Federal

Abstract

The present work is the object of study restrictive clauses of the Right to Property, with emphasis on alienation clauses, seeking to understand in the current constitutional order what are the limits of autonomy available to such clauses as weel as the possibilities of cancellation of the same, courts, in cases where conflicts between interests equally protected by law arise. Traditional dogmatic institute with its main characteristics and effects, hypotheses formation and deconstitution will be addressed, as well as performed a critical analysis of the problems that the traditional conception of such clauses can generate in a particular case, proposing, at the end, criteria for deconstitution as a result of a balance of interests.