Os bens públicos dominiais e a função social da propriedade

Abstract

This monograph examines the public dominial goods and the possibility of the particular to possession of these goods observing the social function of property and housing rights. Once proposed the subject, we had a brief doctrinal about public good´s concept emphasizing on public goods and the extension and application of the principle public property´s social function. In a second step, we treat the fundamentals and concepts explained by the doctrine of the right to housing and their hierarchy within the Brazilian legal system, showing that this is a social right expressly provided in the Constitution, but which can also be considered as a fundamental right immediate applicability. Next, we examine three different possessory theories and the possibility of exercising possessions of public goods, particularly dominial public goods on the other hand of legal protection afforded to public property, and notes that no impediment to the exercise of public goods possessions.Finally, we analyze the jurisprudential understanding, usually in trial of possessory actions, and demonstrating the absence of uniformity of jurisprudence. Finally, the conclusion of this work is that the decisions involving the Government and individuals appears to be more appropriate that the dominial public goods must fulfill the social function of property and respect the right to housing. Concluding also that people who have the possession of the dominial public good witch hadn´t an adequate destination are enjoying the human right of housing.