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This research aims to verify the hypothesis of previous state requirements about the fulfillment of some type of social function of property during the early stages of Colonial Brazil. For this, it is necessary to reflect issues pertaining to the philosophy of history, especially through the contributions of the British historian Michael Oakeshott on historical past, historical events and the concept of change. Using the hypothetical-deductive method, it is intended to present general hypotheses based on a rhetorical and Oakeshottiana model and to confront with documentary data extracted from the Platform “Sesmarias do Império Luso-Brasileiro”, seeking to falsify the general hypothesis. In the end, the first conclusions of this research will make it possible to reformulate the general hypothesis (if they were falsified by historical data) or a theoretical contribution to the discussion about the history of legal practice and legal ideas in Colonial Brazil.

Compreensão da função social da propriedade no Brasil colonial: repensando a evolução das ideias jurídicas a partir de Oakeshott