Teorias possessórias e seus desdobramentos nos conflitos possessórios envolvendo bens públicos e privados: uma análise da jurisprudência do TJ/ES entre 2019 a 2021

Abstract

The present work exposes the result of a jurisprudential research, carried out between the years 2019 to 2021, from the analysis of the judgments of the Court of Justice of Espírito Santo involving terms such as "actions for repossession" and "occupation". Its purpose is to analyze which was the possessory theory most applied by the Court, as well as in what pretext the others were presented. In order to carry out the research, it was necessary to divide public and private goods, as there is a great difference in the way the Court faces these issues, so that it is incompatible to assess them together. Thus, the study is justified by the need to clarify important points about the Court's interpretation of the right to tenure and its application in accordance with the Federal Constitution.