Posse e propriedade: uma constante tensão em busca da concretização da função social

Abstract

This article analyzes the constant tension between the rights of ownership and possession, aiming at the realization of the principles of social function and human dignity, in addition to the fundamental rights of property and housing. It also examines the extracted solutions of case law for the solution of the conflict of rules and collision of principles relating to ownership and property rights. Finally, seeks to identify the objective criteria used for the constitutional interpretation work, with a view to implementation of the weighting technique