A função social da posse sob a ótica do direito fundamental à moradia

Abstract

This research aims to analyze the social function of possession from the perspective of the fundamental right to housing, using and Civil Law. In this way, making a historical analysis, it is possible to observe that the possessory institute has gone through a series of evolutions capable of transforming possession, which is no longer a mere extension of the property right and becomes an autonomous fundamental right, based mainly in the theories of Ihering and Savigny. From the exposition of the importance of the social function of possession, the importance bibliographical works by renowned authors of Constitutional Law of its realization, through the right to housing, as a means to guarantee the constitutional principles of human dignity. Finally, it is clear that removing possession from your social function violates not only fundamental precepts brought by the Federal Constitution, but also creates opportunity for perpetuates a series of inequalities and makes life with dignity impossible.