A posse do art. 1276 do CC como forma de aquisição da propriedade imóvel

Abstract

Having undeniable relevance in human life, possession configures as one of the most contentious issues within Civil law. We observe a strained and controversial debate over all of its contours and features, including legal nature, terminology, effects and ratings. That shows scholars´ strong interest on possession through the centuries. Besides, Law enforcers should understand possessory phenomena taking from the viewpoint of the assumptions and fundamental constitutional values, specially the principle of human dignity, taking into consideration the social changes and the reality of the facts, so as to extract from the Law effective paths to achieving a fair and caring society, aiming at erradicating poverty and reducing social inequality. In this context, prospectively adapting the civilists´ concepts to the Charter of the Republic, we support the application of the article 1.276 of the Civil Code also to the qualified occupants of the abandoned property, in order to consolidate the domain on their behalf in the same triennium conferred to the public administration, ensuring to disadvantaged people the legitimate access to housing and employment. To the extent that human beings are the focus of attention, concern and protection of the legal system, we believe that normative interpretations must implement the provisions set down in Article 1, section III of the Constitution. That´s why third party possession exercised uninterruptedly over abandoned property deserves recgnition as a form of original acquisition of private property in the lapse of time established in Article 1276 of the Civil Code.