A caracterização dogmática da função social da posse no ordenamento jurídico brasileiro

Abstract

The present work aims at the search in order to characterize dogmatically the constitutional principle of the social function of ownership. Given that scholars on the subject do not understand about this subject, we try to this thesis differentiate between possession and ownership, and consequently between the social function of ownership and the social function of property, keeping in mind that possession is an autonomous institute and despite centuries linked to the concept of ownership has emerged in the legal environment as an independent right. For this purpose, initially commented on the issue of constitutionalization of Civil Law will be made from the Federal Constitution of 1988, which raised the principles to the status of legal rules . Secondly, due emphasis will be given to the right of possession, their classifications and major theories. Subsequently, it will give attention to the study of property rights, in the pursuit explain the differences between him and ownership, as well as explaining what is the principle of the social function of property, so that later the appropriate comparisons can be made. Finally, before the clarifications made and taking as theoretical framework a systematic and teleological interpretation of the law, a proposal to characterize the social function of ownership in Brazilian law will be made and will analyze the possible consequences this may bring the Brazilian law.