A PROTEÇÃO POSSESSÓRIA NO ORDENAMENTO JURÍDICO

The aim of this research is to examine possessory protection within the legal framework. Initially, the paper will discuss the historical evolution of possessory law, tracing its origins from Roman law to its consolidation in modern legal systems. Consequently, it will define and explore the fundamental aspects of possession under Brazilian law, distinguishing it from ownership. Essential elements of possession, such as jus possidendi and jus possessionis, will be analyzed, highlighting the importance of possession in the legal system and its practical implications. The study will then examine the various forms of possessory protection provided by the legal framework, including possessory actions and provisional measures. The methodology employed in this research will involve a literature review. Following this, the requirements for granting possessory protection will be discussed, focusing on the need to demonstrate possession, the violation of possession, and the urgency required for provisional measures. The specific conditions for new force and old force actions will also be explored, offering a comprehensive understanding of procedural criteria. Distinctive characteristics of possessory protection, such as the fungibility of the action, the dual nature of possessory actions, and the cumulative nature of requests, will be examined. Additionally, the legal procedure for implementing possessory actions, from the initial petition to the final decision, will be addressed. In conclusion, the article reveals that despite a well-structured legal system for possessory protection, significant practical challenges remain that may impact the effectiveness of protecting possessory rights.