| Resumo: | This article was developed with the aim of granting possession a new legal status within the Brazilian legal system, at least regarding its proof. Beyond the debate over whether possession should be included among real rights, it must be primarily considered in the practical aspect of citizens’ daily lives, in its social function and in the functionalization of law, which calls for legal certainty when a person holds de facto control over a movable or immovable asset and fulfills its social function. In this regard, it is urgent to rationalize the legal framework so that the legislator introduces practical legal instruments and mechanisms to ensure that legal transactions based on possession are consistent, effective, public, and enforceable against third parties—especially concerning immovable property. This would lead to greater legal certainty, reduction of disputes and litigation, and promotion of social well-being, while also facilitating due diligence for professionals in the field. Therefore, a qualitative research was conducted using websites, scholarly articles, and academic books to support the conclusions presented in this study.
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