THE IMPOSSIBILITY OF USUCAPION OF PUBLIC ASSET AS A LEGAL OBSTACLE TO GUARANTEE THE DIGNITY OF MARGINALIZED SUBJECTS

Abstract

The general objective of this article is to analyze the issue of the (im)possibility of adverse possession of public assets in the Brazilian legal system. As specific objectives, we sought to analyze to what extent the usucaption of an undestined public property would be legally legitimate for the purposes of promoting the right to housing, work and family support, given the problem of the housing deficit in Brazil due to the scarcity of effective public policies that violate the right to decent housing and the existential minimum. To this end, the method used was qualitative, consulting statistical data, doctrine and jurisprudence that corroborate the arguments in favor of adverse possession of public property on Sundays.