Os reflexos da função social da posse na reintegração de posse

Abstract

This study addresses the integration of the analysis of the social function of ownership in the conflicts of repossession. There are no provisions in legal analysis about the spatial prediction, but once recognized the social function of ownership as a fundamental principle, it can not be neglected when the possessory protection. Thus, there are two possibilities for integrating the social function of ownership, either as an implicit requirement for possessory claim, is the recognition of the social function as a qualifying factor for the office as just or unjust. To better approach the idea, has been conceptualizing institutes like tenure, social function of property, social function of ownership, repossession. Was also performed analysis of case law, to the end to see how the courts have treated the question.