A legitimação fundiária do imóvel público na REURB e sua discussão constitucional (ADI 5.883/STF): teorias socioeconômicas da posse em áreas devolutas e sua aplicação prática

Abstract

Brazil was colonized by the Portuguese using a Portuguese normative system, based on possessions for cultivation, demarcation, housing and payment of tributes. This is how the Brazilian land system was born, with possessions and their social, economic and labor functions, which is why all Brazilian lands are considered public in their origin. The present study seeks to analyze the possibility of applying urban land regularization, based on the REURB Law (no. emphasis on the prohibition of adverse possession of public lands and absence of compensation for the loss of land. By approaching the subject in a qualitative way, the objective is to better understand the new legal institute of land legitimacy and its constitutional discussion; with applied research, it is intended to find the best solution for land legitimation in public lands and with bibliographic research on doctrines, laws and jurisprudence, an analysis is carried out on themes of constitutional, civil and economic law, emphasized in the theories of the social function of possession and ownership. This analysis is necessary to confront the basic problem, given the constitutional prohibition of adverse possession of public lands, to address the general objectives regarding land legitimation in the REURB, as well as the specific objectives on the original acquisition of property, both public and private lands, and its allegedly affected constitutional confrontations. As it is a topic under constitutional discussion, with great possibilities of directly affecting any occupant of a consolidated informal urban nucleus, the research becomes relevant not only juridically but also socially and economically. In the end, it seeks to identify the extent to which unregistered public property, informally occupied by a private individual, fulfills its socioeconomic function, as well as whether land legitimation could solve this problem of regularization.