INSTITUTE OF THE RIGHT OF TENURE IN THE BRAZILIAN LEGAL ORDE

Abstract

The Institute of Possession Rights plays a central role in the Brazilian legal system, being essential for the organization of legal relations and the protection of property rights. This article seeks to analyze this institute in detail, discussing its definition, legal nature, distinctive characteristics and its importance in the legal context of Brazil. Possession is conceptualized as the direct and overt possession of an asset, allowing use, enjoyment and disposal, as long as legal standards and the rights of third parties are observed. The legal nature of possession is the subject of debate, with interpretations that vary between a real right and a personal right. Its characteristics, such as the externalization of power over the thing and social function, have a direct influence on its legal qualification. Possession plays a fundamental role in resolving conflicts and promoting justice, but it also presents challenges, such as proof, distinction from detention, and limits on ownership. The research adopts a bibliographic and descriptive methodology, analyzing varied sources and offering a comprehensive understanding of the Institute of Possession Rights in the Brazilian legal context.