THE CONSTITUTIONAL CONFLICT OVER THE POSSIBILITY OF USUCAPION IN PUBLIC GOODS Matheus Cordeiro Xaves, Katia Domingues Blotta

Abstract

Considering that the majority precept and Brazilian jurisprudence reiterate that public assets are imprescriptible, the constitutional conflict regarding the possibility of usucaption in public assets is researched, in order to demonstrate that the imprescriptibility of public assets is a mere formality. To this end, it is necessary to follow a systematic perspective of the legal system, in accordance with the rules of the current Brazilian Federal Constitution of 1988, in addition to investigating the principles of the social function of property and the right to housing. An explanatory research is then carried out. In view of this, it verifies whether there is no controversy between the public and private interests, and that the imprescriptibility of public assets only appears when associated with the principle of the social function of property. Furthermore, the founding principles of the constitution, human dignity and the right to housing, give rise to the possibility of usucaption in public assets in the face of the mere constitutional prohibition.