Função social da posse e seus aspectos materiais

Abstract

This study aimed to analyze the concrete existence of the institute of the social function of tenure. The advent of the Social State of Law has a concern with the law offices of Private Law that were once endowed with the status of absolute rights, but they began to be interpreted from a social perspective, and that exercise of these appear to be marked by the dictates of Social Justice, a phenomenon that has overtaken therefore possession. The system does not deal explicitly the theme of possessio while complying social function, however, sees himself this question in the judicial expropriation and special gifts adverse possession in the Civil Code of 2002, which elect the tenure-dwelling and tenure-job requirements such as the acquisition of property, it follows that this first mode is the economic use of the property by human endeavor run by the owner of the well and the second the use of the property to house the usual holder of tenure. It is emphasized that there is relevance of the topic, as the Federal Constitution of 1988 provided the figure of adverse possession as a condition using the same social skills tenure, repeated by tort law. There is also mention the issue now analyzed the diplomas of specific legislation, such as the City Statute and the Statute of the Earth. Finally, the social reality, especially regarding the use of the property as a vital human need, shows that before the existing housing deficit legal practitioners should consult the possession, since abiding social function, greater legal protection and recognition.