A valorização social da posse

Abstract

This article is the result of a brief investigation about the evolution, socially considered, of the institute of possession. Through a descriptive research based on the bibliographic review on the historical evolution of this millenary institute, permeating, therefore, the important subjective and objective classical theories formed on the subject, it is intended to address the social or sociological theories that are formed contemporaneously about possession and which establish the insufficiency of classical theories to explain the possessory phenomenon, especially from the awareness of visualizing the entire legal system from the perspective of the Constitution, reinforcing the social conception of possession and its autonomy from property. Finally, the scope is to demonstrate the consequences that this new perspective can have in the resolution of possessory conflicts, showing that, in practice, the jurisprudential understandings formed by the Superior Court of Justice already indicate the need to consider the autonomy and social function of possession as a normative basis for the solution of possessory conflicts, which, according to empirical data verified by the National Council of Justice, demonstrate, in numbers, the social magnitude of these possessory issues, highlighting the indispensability of scrutinizing the possessory phenomenon not only in the legal world but especially in the world of facts, where the rights and guarantees enshrined in the Federal Constitution of 1988 are effectively promoted.