Análise da possibilidade de usucapião de bens públicos

Abstract

The Brazilian’s majority doctrine and jurisprudence claim that public goods are imprescriptible. This study aims to examine this question, to sustain the possibility of adverse possession of public goods, since the Constitution (BRAZIL, 1988) does not preclude the prescription of public good under all modalities, and realizing a systematic interpretation of the ordering, obeying the normative force of the Constitution, as has the neoconstitutionalism, will be seen that the principle of the social function of property, proportionality, and the right to housing (constitutionally protected), let there be a public good acquisition by prescription in all modalities, except the special urban and rural, who were constitutionally forbidden, and that art. 102 of Law No. 10,406 (BRAZIL, 2002) is unconstitutional.