You may require procedure and reasons when the State intends to remove or freeze property.
Arts. 60–62 · legal title above technical control
Property, contracts and patrimonial protection
The Constitution protects the acquisition, use, transfer and inheritance of property recognised by law, including digital property. But it makes a decisive distinction for a digital economy: possession of a key, digital wallet or token does not replace legal title where an official register exists.
Proposed Constitution · reference text · not promulgatedIn brief
A right is not an abstract promise: it constrains concrete decisions.
Arbitrary deprivation of property is prohibited. Expropriation requires a legitimate public purpose, law, necessity, proportionality, due process, judicial oversight and adequate compensation. Electronic contracts are recognised, but automation and code cannot override mandatory rules or turn technical control into sovereignty.
Technical control and legal ownership can diverge
Possessing an access key may prove technical ability to move an asset, but not necessarily who the legal owner is. Where a competent legal register exists, it must be reconciled with technical evidence and legal procedure.
Expropriation is not simply blocking access
A measure that materially deprives someone of property must respect a public purpose, legal basis, due process and judicial oversight. Patrimonial sanctions also require a material connection to the unlawful act and proportionality.
Code does not replace contract and law
A contract may be formed and performed electronically, including through automated agents, but an error or execution of code does not automatically create legal title contrary to law or to the contract as validly interpreted.
What this means for you
Practical consequences
A digital wallet or token may be important evidence, but it does not by itself resolve a legal dispute over ownership.
An electronic contract is not invalid merely because it is electronic, provided the other legal requirements are met.
Limits and institutional honesty
What this safeguard does not authorise
Property is not sovereign power and does not generate additional political votes.
The right does not prevent taxation, regulation, patrimonial sanctions or expropriation that comply with constitutional requirements.
How this function connects to Sistema Candeia
Enter Candeia OSAccess Property through Candeia OS
consultation of the competent source, registration and any eventual transfer belong to the competent Sistema Candeia module; this page only explains the constitutional safeguards.
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