Análise da (in)aplicabilidade da usucapião de bens públicos em razão do princípio da função social da propriedade

• Autor(a) principal: Furtado, João Rodolfo de Lima
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/41268
• topic: Usucapião; Função social da propriedade; Supremacia do interesse público; Direito fundamental à moradia

Due to the lack of housing policies and to the State's omission to solve this problem, this monograph presents an approach about the applicability of the usucaption of public goods that do not fulfill their social function. In order to do this, it is explained about the institute of acquisitive prescription, the concept of public goods and its legal regime, provoking a reflection on the social function of that goods. The paper in question had its research based on doctrinal and jurisprudential analyzes and sought, among other purposes, to explore the supremacy of the public interest over the private and its apparent conflict with the fundamental right to housing, so that, in the end, it was concluded that formally public goods, which do not fulfill their social function, would be liable to usucapion, notwithstanding their prerogative of imprescriptibility. Furthermore, it has been noted that the acquisitive prescription of public goods would work as a solution to the housing problem in Brazil, since several individuals are subject to occupy public property to suply their housing needs, giving this property a social function.