Social Function according to the Constitution and the Usucaption of Public Property
From a Brazilian jurisprudential perspective
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With the advent of jurisprudential precedents granting usucaption over public property, in particular Appeal 1.0194.10.011238-3/001 judged by the Minas Gerais Court of Justice, the question arose as to what public property is and on what grounds the judge based himself to grant ownership via usucaption, particularly after the prohibition on usucaption of any type of public property brought in by Precedent 340 of the Federal Supreme Court. In this context, if private individuals can lose their property if it does not fulfill its social function, it is necessary to reflect on the validity of the...
With the advent of jurisprudential precedents granting usucaption over public property, in particular Appeal 1.0194.10.011238-3/001 judged by the Minas Gerais Court of Justice, the question arose as to what public property is and on what grounds the judge based himself to grant ownership via usucaption, particularly after the prohibition on usucaption of any type of public property brought in by Precedent 340 of the Federal Supreme Court. In this context, if private individuals can lose their property if it does not fulfill its social function, it is necessary to reflect on the validity of the presumption that all public property is fulfilling its social function for the benefit of the community, as in the case of dominical property and vacant land.
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