Da tutela da posse exercida por particulares sobre bens públicos

Abstract

This article examines the possibility for private individuals to exercise possession over public property, with particular emphasis on identifying the misapplication by the Superior Court of Justice in its interpretation of the legal concepts of possession and detention when adjudicating disputes involving the Public Administration. The analysis is grounded in doctrinal scholarship as well as an in-depth investigation of the precedents set forth in Precedent Statements Nos. 619 and 637 of the Superior Court of Justice. The research demonstrates that individuals may indeed exercise possession over public assets, given the absence of any legal provision expressly qualifying such an occupation as mere detention and further justifies the necessity of protecting this possession based on the social function of property