Possession and ownership: An analysis of the differences between ownership and possession of real estate and the legal consequences of each

This work explores constitutional issues related to the right to property, focusing on the legal categories of possession and ownership as provided in the Brazilian Civil Code. Despite having the same title, there are significant differences between these concepts. According to Article 1,228 of the Civil Code, ownership is the right of the owner over the property, but its use must respect the social functions stipulated in the 1988 Constitution. Article 1,196 of the Civil Code refers to the exercise of power over an asset, but it does not necessarily imply ownership of the property. There is a complex relationship between the two roles: legally protected property and property restricted by social functions. The relationship between property rights and housing rights lies at the core of the 1988 Constitution, which recognizes housing as a fundamental social right. However, the implementation of this right faces obstacles, such as the lack of public policies and resistance from private groups. The social function of property requires that goods be used for the common good, including access to decent housing. However, implementing this principle remains a significant challenge, especially in rural properties where land concentration worsens social inequalities and triggers conflicts. The study concludes that the relationship between property rights and housing rights reflects the need to balance individual and collective interests. However, the lack of effective public policies and the inefficiency of the state hinder the full realization of these rights. Land reform and land regularization are essential to overcome inequality and ensure social justice. The state must take concrete and effective actions to promote a more equitable land distribution, guarantee the right to housing, and seek a more egalitarian and sustainable Brazil.