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

Abstract

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.