A usucapião de bens imóveis e sua análise sob a ótica da função social da propriedade

Abstract

The research addresses the institute of adverse possession and the evolution of the Legal System with regard to the application of this institute from the perspective of the social function of property, using the deductive method through the survey of articles and works to collect data on the topic. Then, starting the analysis of the topic, a history was made about the right to property and the emergence of the institute of adverse possession, pointing out the entire evolution up to today's society. Subsequently, the present study seeks to demonstrate the intertwining between the use of property and how the issue was approached in relation to the validity of the 1988 Federal Constitution, given the need to guarantee, in the light of property, fundamental rights - founded in the Charter Magna as a fundamental clause, not only for an individual, but for the entire society. Finally, the history of the institute of adverse possession was inferred from the perspective of the theories of Savigny and Ihering, renowned jurists considered pillars of the study of real rights over ownership of property. In conclusion, it was found that all the topics presented by the research are interconnected in a fundamental complex regarding the evolution of the Brazilian legal system in view of the need to guarantee the application of the social function of property from the perspective of the institute of adverse possession