posseçãoposse

Possessão is a legal concept referring to the physical control and intention to use a property as one's own, regardless of actual ownership. In many legal systems, possessão grants certain rights and protections to the possessor, even if they do not hold legal title. This can include the right to defend the property against interference and, in some cases, the right to acquire ownership over time through adverse possession, also known as usucapião.

The elements of possessão are generally understood to be two-fold: the physical act of control (corpus) and the mental intent to possess (animus domini). Corpus refers to the tangible relationship with the property, such as occupying it, cultivating it, or making improvements. Animus domini is the intention to hold and use the property as if one were the owner, even if that ownership is not legally recognized.

The duration and nature of the possessão can influence the legal rights it confers. For instance, continuous, peaceful, and undisputed possession for a statutorily defined period can lead to the acquisition of ownership through adverse possession. The legal framework surrounding possessão aims to balance the rights of legal owners with the social and economic utility of land use, as well as to provide legal certainty and resolve disputes. It is a complex area of law that varies significantly between jurisdictions.