A possibilidade da aplicabilidade da usucapião do domínio útil em terrenos de marinha: uma análise à luz da função social da propriedade e breve reflexões jurisprudenciais

Abstract

This study seeks to analyze the legal viability of adverse possession of the beneficial ownership of maritime lands, considering the constitutional principle of the social function of property and the legal nature of these assets. Furthermore, this study presents some groundbreaking case law that recognizes adverse possession of beneficial ownership in maritime lands, which is also based on the fulfillment of the social function of property. In addition, the historical and normative aspects involving maritime lands, their classification as public domain assets, and the difference between direct ownership and beneficial ownership were examined. The research indicates that, although maritime lands are public assets, the factual reality demonstrates that most of these areas do not fulfill the social function of property, nor are they destined for any public purpose, being exploited for purely revenue-generating purposes. Therefore, the need to reinterpret the current legal regime in order to adapt it to the social function of property is discussed. Based on a doctrinal and jurisprudential analysis, it is concluded that the recognition of adverse possession of the beneficial ownership of maritime lands represents an advance in jurisprudence and in the legal field, guaranteeing legal security to occupants and promoting the fulfillment of the social function of the respective public lands.