Impacts of the Nationalisation of Collective Goods on Access to Justice and the Recognition of a New Category of Goods

Abstract

The overall objective of this article is to understand how the nationalisation of collective assets by the state as a legal entity impairs access to justice. The research problem is encapsulated in the question: how does the nationalization of collective assets impact access to justice? The article is divided into three sections. The first explains aspects of the legal and political paradigm of the Roman Republic. The second section examines the nationalisation of collective assets by the state as a legal entity. The third section analyzes the category of collective assets themselves from a future perspective. The approach is deductive, the method is monographic, and the research technique is documentary bibliographic, based on legal articles, doctrine, legal journals, constitutional and infra-constitutional norms. In general terms, it is concluded that the modern model of public-private property impacts access to justice by impeaching the exercise of participatory citizenship in issues and spaces that are not being properly occupied by the State.