A questão da posse na ocupação de escolas públicas: a experiência paulista

Abstract

The article is a reflection about the accusation of the practice of dispossessed in the context of public school occupations by organized students. From the analysis of judicial decisions made at the end of 2015, when numerous schools in the state of São Paulo were busy protesting, it was tried to evaluate that the practice of dispossessed accused to the demonstrators is linked to a vision of valorization of the property, public or private. Based on the reading of authors of the field of civil law who discuss the social function of possession and who seek to reinterpret the concept of dispossessed, it was also possible to demonstrate the problem of non-recognition of possession in certain public assets, defended by a portion of the doctrine and By jurisprudence, which indicates an obstacle to the struggle for housing. It is concluded that, through a meeting of the social function developed in the field of civil law and that developed in administrative law, public assets should be understood as spaces for the realization of fundamental rights. Serving in the case of public assets of special use as a space for the realization of the fundamental right to manifestation and in the cases of unaffected public assets as a space for realizing the right to housing.