Adverse possession of the useful domain of public assets under the emphyteusis regime: an analysis in light of the constitutional principles of property rights, social function, and human dignity

Abstract

The present article aims to explore the concepts of adverse possession and emphyteusis, highlighting the possibility of acquiring the beneficial ownership of public emphyteutic properties through adverse possession, seeking to relate this possibility to the constitutional principles of property rights, social function, and human dignity by ensuring the existential minimum for the possessors. This is bibliographic research using the deductive method. The study also examines the prohibition of acquiring public properties through adverse possession, emphasizing the possibility of acquiring the beneficial ownership of these properties. Additionally, it relates adverse possession to the private property rights of holders and the fulfillment of the social function of real estate. The article further aims to demonstrate how acquiring the beneficial ownership of public properties under the regime of emphyteusis contributes to promoting the dignity of the acquirers. Finally, the article presents statistical data showing the number of adverse possession cases in Brazil and in the State of Santa Catarina, highlighting the importance of this legal instrument for the realization and protection of property rights.