Adverse Possesion of Public Assets:

(Im)possibility?

Abstract

The present work aims to delve into the study of the complexities involved in the application of the institute of adverse possession in relation to public assets, considering the legislation, doctrine, and current jurisprudence within the national context. Initially, a detailed analysis will be conducted on public assets, elucidating the concept, the various classifications related to ownership, destination, and availability, as well as the legal regime that involves them, addressing issues such as inalienability, allocation and deallocation, imprescriptibility, and non-seizability. Subsequently, attention will be devoted to the constitutional principle of the "social function of property," evaluating it from the perspective of public assets. This fundamental principle will be contextualized within the scope of adverse possession, seeking to understand how the social function of property relates to the possibility of acquiring these assets through this institute. Finally, various positions found in doctrine and jurisprudence will be presented, aiming to identify the predominant understanding in relation to the feasibility or impossibility of adversely possessing public assets. The analysis of these different points of view will provide a comprehensive and in-depth perspective on the subject matter, contributing to the development of critical and well-founded reflections.