Usucapião de bens públicos: a possibilidade da usucapião de bens públicos dominicais ou desafetados

Abstract

The present work proposes an approach to the theme of adverse possession of formally public goods, in other words, that are not affected by a specific public destination from the perspective of the possibility to acquire through purchase prescription. In view of the available public assets, for being unaffected, don’t fulfill their social role and for and for several times serve of serve of pacific, gentle and uninterrupted abode to lots of people, why not to spoil them? This work aims to answer this problematic, under justification of maintaining social welfare. This subject is part of the field of civil law, but that communicates with the administrative and constitutional law, that aims simply and concisely elucidate about the need to make the understandings and interpretations of the constitutional text more flexible in a systematic and teleological way to guarantee the fundamental rights provided in our Constitution. Almost absolute of the doctrine and jurisprudence don’t consider the possibility of adverse possession of public goods, often times they don’t classify them in material and formally publics. Although, some authors like Nelson Rosenvald and Cristiano Chaves, among others, agree with the idea explained in this study. In a continuous act, will be exposed in this work, understanding the social function of the property, in view of this, explaining why the relativization of this and the other principles, as well as changes in understandings and jurisprudence on the subject.In this context that this study becomes relevant, because the Law isn’t an exact science, and as a consequence of it, at any moment an understanding that now in minority can become majority, and vice-versa.