Public property in the 1988 Constitution: federal distribution, monopolization and classification

This article analyzes the contributions of the 1988 Constitution to the advancement of the general theory of property, as well as to verify the dialogue between this one and the Civil Code. It is observed that the current Constitution failed to ignore the new federative model, failing to address municipal public property, referring only to federal and state property. Besides, when referring to the latter, the Constitution does not mention the term "public property", nor does it affirm that all state property are public property. It was observed that is necessary to abandon the conception of public property of administrative law from the notion related to the civilian logic, only, being due to the valorization of the complex scale of legal regimes, that contemplates the nature of the property and its functions.