A efetividade do usucapião especial coletivo fundada da posse-trabalho sob a perspectiva filosófica da igualdade como reconhecimento

Abstract

The present research brings to discussion the special collective usucaption as it appears to be one of the instruments chosen by the legislator to effectuate the constitutional values, specially the social function of property. The referred institute is disciplined in the articles 10 to 14 of the City Statute and is applied in urban areas with more than two hundred and fifty m², occupied by poor population for its own shelter, with possession qualified by the requisites of the article 183 of the Federal Constitution of 1988, where it isn t possible to identify the terrain occupied by each possessor. It is incumbent upon realizing two functions, not only regularize the situation of urban shelter but also permit the urbanization of the areas occupied by poor people. In this aspect, this thesis will enhance the possession, as a factual and existential situation of taking over and occupying the thing, as a way of providing vital necessities, as shelter and cultivation, so called qualified possession, in other words, work-possession. Nevertheless, it is adequate to notice that, even to enable the State with conditions to promote effective shelter regularization through the special collective usucaption, it is essential to recognize its beneficiaries as people with rights, as members of equal value in the community. This way, the theme of special collective usucaption in treated under the point of view of the theories related to recognition , more specifically, through the approach adopted by Axel Honneth and Nancy Fraser. These theories are presented as the connexion between the chapters of this thesis and, trough them, the author expects to overcome the problems related to the existence of different classes and social status , as well to remodel the paradigms that culminated in this situation as a way to effectuate and promote the right to shelter.