Navegando por Assunto "Posse (Direito)"

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O conflito entre o direito à moradia e o direito à propriedade privada: uma análise da jurisprudência do judiciário paraense
(Centro Universitário do Estado do Pará, 2019-06-17) Nascimento, Juliana Leal da Costa; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
The present work of course conclusion seeks to investigate and analyze the jurisprudence of the Court of Justice of the State of Pará to investigate the decisions that involve conflicts related to the right to housing and the right to private property, both rights constitutionally protected, from a perspective human rights and fundamental guarantees, in order to assess any non-observance or violation of those rights. The paper also proposes to make a brief analysis of changes in legislation, customs and the relationship between society and the right to housing and property rights over the years. In order to reach such objectives, the work seeks to analyze constitutional and infraconstitutional legislation, with special attention to the mechanisms that deal with the social function of property.
Direito de posse de bem público dominical na zona rural e o princípio da função social da propriedade: uma ponderação de conflitos constitucionais acerca dos direitos fundamentais em face da posse de bem público dominical na zona rural e do princípio da função social da propriedade
(Centro Universitário do Estado do Pará, 2019-06-17) Rocha, João Marcelo de Oliveira; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201
This study had as goal to analyze the right of ownership of private entities over Dominical Public Properties, focusing on rural properties. It’s a monography, created from a bibliographical research, as well as from the description of doctrinal positions about the proposed subject, and also, supporting on the Brazilian jurisprudence about the subject we proposed to expose. To fulfill such objective, some information sources were utilized, highlighting the books, scientific articles and judicial decisions, looking to comprehend, through multiple branches, the analyzed problem. On this research, the ownership of dominical properties and all the related concepts were analyzed, as well as the necessary conditions to get the permit to it. For such, firstly, we analyzed the concepts of Dominical Public Properties, focusing on the Vacant Lands, that, when considered unoccupied areas, are frequently target of rural possessory conflicts, presenting all the legal history of those properties and the conditions to obtain the ownership of private entities. On the same chapter, the research aimed to bring the concepts and theories related to ownership and public properties ownership. On a second moment, the research seeks to analyze the indispensable principles to the theme, such as the Principle of the Social Function of the Property and the Principle of the Supremacy of the Public Interest. Finally, on the final chapter, we demonstrated the practical implications of the analyzed theories throughout the research, exposing and analyzing jurisprudential decisions and the doctrinal positions on the problem.