Metodologia do direito, teorias da posse e a posse na nova lei de regularização fundiária

Abstract

This article aims to analyze the possession institute with reflections on the methodology of law and to make considerations regarding the possession of Law 13.465 / 2017, which deals with land regularization in Brazil. For the development of the study was carried out the doctrinal and legal research on the proposed theme, seeking in such sources the theoretical and historical basis for its foundation. In this way, the concept of tenure will be presented, as well as its legal nature. In the sequence, some problematizations are made regarding the methodology of the law together with the presentation of the subjective and objective theories of possession. Next, a brief study is carried out on land tenure regularization in Brazil and on possession ad usucapionem. The originality of the article is attributed to the recent legal modification and the systematics made feasible by the reflections about the methodology of the law. After considering the related topics, it was possible to conclude that the ownership function changes with socio-historical, cultural, and economic reality.