A relevância do princípio da função social da posse na resolução de conflitos relacionados à posse e à propriedade no contexto jurídico brasileiro

Abstract

In the Brazilian contemporary juridical context, the Principle of the Social Function, already provided constitutionally and infra-constitutionally in relation to Property, must be also considered related to the institute of Possession, as it turns out to be seen autonomously to Property, no longer representing a mere exteriorization of the dominion, necessarily subordinated to it. The Social Function of the Possession must acquire relevance, therefore, in the scope of possessory conflicts surrounding the definition of which of the litigants, proprietary or possessor, would have the legitimate possession of a property, since the proprietary should no more prevail only due to the fact that he has the dominion over it. It seeks to be verified, thus, with the analysis of judicial decisions of a Brazilian Court that concerns possessory conflicts, how does the application of this Principle in practical terms work, in the effective resolution of causes that put in distinct sides the proprietary and possessor, not proprietary of an immovable.