Posse como bem jurídico: os influxos da constitucionalização do Direito Registral para ingresso da posse no fólio real

Abstract

This thesis aims to define and establish criteria for the publicization of possession in the real estate registry (fólio real), based on the civil-constitutional methodology, recognizing its autonomy in relation to property rights. Structured in three chapters, the research examines both theoretical and practical aspects of possession. The first chapter explores its relevance in realizing human dignity and the challenges of land regularization, emphasizing its social function and the legal uncertainties faced by possessors. The second chapter delves into possession as an autonomous legal asset, analyzing its economic value and the feasibility of wealth circulation, while establishing objective and subjective criteria for its publicization. The third chapter assesses the impacts of civil-constitutional methodology on Real Estate Law and explores possible paths for implementing the publicization of possession, debating whether its formalization requires legislative reform or can be achieved through administrative regulation. The thesis is based on bibliographic, doctrinal, and jurisprudential research, considering decisions from higher courts and international experiences regarding the publicization of possession.