A FUNÇÃO SOCIAL DA PROPRIEDADE E AS AÇÕES COLETIVAS SOBRE A POSSE DE TERRAS RURAIS: BREVES CONSIDERAÇÕES

Ano: 2010 | Volume: 6 | Número: 11

Autores: Caroline Bastos do Amarante

Palavras-chave: direito de propriedade, função social, ações possessórias, atuação do judiciário

Resumo Português:

current work objectives to contribute for the debate about the underestanding of
the social function of the propriety as a relevant factor for taking decision in the Law
suit repossession that involve, in the passive or active case pole , a plural number of
the individuals demanding rural land possession. We purpose a comprehension that
possession and propriety, although different juridical concepts, they are indistinct
institutes when lined in collective law suit about possession. Besides, the outline
sketch, nowadays, for doctrine and the national legal advisors, is in the direction for
line the propriety institute no more longer in its originary sense, using a pure civil
fundament and, for the other hand, private. Today’s propriety, is more
underestanding as an everybody right, essential thing for satisfaction men’s
necessities. The current work will be seen as a bibliographic review.

Resumo Inglês:

The current work objectives to contribute for the debate about the underestanding of
the social function of the propriety as a relevant factor for taking decision in the Law
suit repossession that involve, in the passive or active case pole , a plural number of
the individuals demanding rural land possession. We purpose a comprehension that
possession and propriety, although different juridical concepts, they are indistinct
institutes when lined in collective law suit about possession. Besides, the outline
sketch, nowadays, for doctrine and the national legal advisors, is in the direction for
line the propriety institute no more longer in its originary sense, using a pure civil
fundament and, for the other hand, private. Today’s propriety, is more
underestanding as an everybody right, essential thing for satisfaction men’s
necessities. The current work will be seen as a bibliographic review.