Função social da propriedade urbana e seus efeitos sobre a tutela processual possessória nos conflitos fundiários urbanos

Abstract

It analyzes the effects of the social function of urban property in the process of judicial possession protection, by relating the concept of social function in the current legal order with the model held by the constitutional procedural legal paradigm of post-positivism, applying it as a form of resolution of collective urban land conflicts. It studies the concept and the content of the social function in what concerns the theory of property, specially from the parameters of urban law and the right to adequate housing. It searches concepts and elements of the neoprocedural theory, mainly regarding the relation between procedural and material law, as a theoretical basis to comprehend the implications of social function at the procedural level of possessory litigations. It emphasizes the legal certainty of possession as a consequence of this relation and, as a way of guarantee and protect housing rights. It contextualizes the urban land conflicts in Brazil in the process of building of the urban space, proposing their resolutions from the assumptions defended, overcoming the traditional and privatist manner of conflicts’ resolution, as a way for guarantee or search alternatives for the effectuation of the right for adequate housing. From the analysis of concrete cases and judge-made law, it analyzes the advances and setbacks of judicial practice in Actions of Ejectment in what concerns the adoption of the effective social function of property in procedural terms.