Posse, direito de retenção e indenização por benfeitorias em bens públicos dominicais pelo STJ

Abstract

This article aims to critically investigate the most recent jurisprudence of the Superior Court of Justice on the problem of unauthorized possession of public property and its effects, especially the right of retention and indemnification for improvements made. The hypothesis is that the said Court has historically interpreted the ownership mistakenly as being subordinated to property, which is why it offered resistance to the recognition of possessory rights to unauthorized individuals. As a theoretical framework, the most recent doctrine of Civil Law was used, emphasizing its principles, which served as support for what was intended to prove, as the one brought by Ihering in his objective theory of possession, which helped us illuminating the trail of this research. Finally, the relevant grounds were pointed out to allow the indemnification and right of retention to the individual, which is the most reasonable way of treating the subject.