A função social da posse como um novo paradigma para resoluções de conflitos fundiários urbanos

Abstract

The great demographic movement for cities that took place in the last two centuries, unaccompanied by public policies that aimed to welcome these people turned out to be determining factors in the irregular occupation of urban land. This process has long been the cause of land conflicts between the people who live in these subnormal agglomerations and the formal owner of that portion of land. The property right is hailed as a sufficient reason to get it back, according to legal dictates. However, the social function of the property is a determining factor for maintaining the status of owner. Faced with this conflict of interests, the State has the most diverse mechanisms identified by law, whether through the Judiciary or the Executive. The most diverse types of adverse possession, judicial expropriation and administrative means of acquiring property by the owner of irregular settlements, are sufficient grounds to affirm that the social function of possession should be the new paradigm for resolving land conflicts.