A possibilidade de usucapião do domínio útil de bem público sob regime de enfiteuse

Abstract

The possibility of acquiring adverse possession (usucapio) of the useful domain of public real property which is the object of a contract of public enfiteuse (a contract about the actual possession of real state) has been build up through some decisions of Brazilian superior courts. This fact shows great importance nowadays since the aim of such legal possibility is giving someone the opportunity of owning at least some aspects of the right of property over the real state he has effectively been using, either living in it or giving it economic usage, once the real state had been abandoned by the former foreiro (person who previously had possession of the public real property). Present work digs into themes related to real state, real and public property, enfiteuse, reverse possession, and into the judicial precedents which allows and recognizes the viability of acquiring land through usucapio of public property object of enfiteuse contract. Considering the enfiteuse is a perpetual contract, it is possible to give useful domain of public real property to the person who actually grants it effective usage. This can be done, because the lawsuit is offered to the other person who already had the useful domain, to attack in nothing the direct domain of the State.