A função social da propriedade e a aplicabilidade do instituto do artigo 1.228 §§ 4º e 5º

Abstract

The present study seeks from the viewpoint of the social function of ownership and possession to define the best application of the art. 1.228, §§4 and 5 of the Civil Code of 2002, recognized as expropriation for possession of work and Collective Usucapion recommended in art. 10 of the City Statute. In view of the need to regularize land tenure in urban centers, especially in places where people with low incomes reside, as well as the duty to observe in these cases the fundamental right to housing set forth in art. 6 of the 1988 Federal Constitution as a social right.