Coisas 08.1: Ameaça, Turbação e Esbulho

Summary

This lecture provides an in-depth explanation of possessory protection in property law, focusing on the legal means of defending possession. It covers two main methods: 'heterotutela', where the judiciary protects possession through possessory actions, and 'autotutela', which allows the possessor to defend their possession through immediate self-defense, such as legitimate possession defense. The video also discusses the various forms of attack on possession, including trespass, disturbance, and threat, and their corresponding legal actions. It explains these concepts with examples, helping viewers understand how different scenarios fit into legal classifications and the available protections.

Takeaways

• 😀 Possession protection (proteção possessória) includes both traditional legal defense through the judiciary (heterotutela) and immediate self-defense (autotutela) by the possessor.
• 😀 Heterotutela involves legal actions called *ações possessórias* (possessory actions) or *interditos possessórios* (possessory interdicts) to request judicial protection of possession.
• 😀 Autotutela refers to the possessor defending their own possession through immediate action, a legal concept known as *desforço imediato* or *legitimate defense of possession*.
• 😀 There are three forms of attack on possession: *esbulho* (dispossession), *turbação* (disturbance), and *ameaça* (threat).
• 😀 *Esbulho* (dispossession) occurs when possession is completely taken from the possessor, resulting in the loss of both possession and control over the property.
• 😀 *Turbação* (disturbance) is when possession is interfered with or hindered but not completely lost, e.g., when a third party obstructs peaceful use of the property.
• 😀 *Ameaça* (threat) is when the possessor faces the risk or fear of losing possession, but no physical interference has occurred yet.
• 😀 Judicial protection for *esbulho* is sought through *reintegração de posse* (reintegration of possession), a legal action aimed at recovering the lost possession.
• 😀 The legal action for *turbação* is aimed at maintaining possession in situations where the possessor is hindered but has not lost possession entirely.
• 😀 Understanding the difference between *esbulho* and *turbação* is important: *esbulho* is a complete loss of possession, while *turbação* is interference or an obstacle to possession.
• 😀 The script includes examples of real-life scenarios such as protests and disputes involving property to illustrate how *esbulho*, *turbação*, and *ameaça* apply in practice.

Q & A

What are the two main ways to defend possession in legal terms?

The two main ways to defend possession are through 'heterotutela' (when judicial authorities intervene) and 'autotutela' (when the possessor defends their possession using their own means, such as immediate self-defense or legitimate defense of possession).

What is 'heterotutela' in the context of possession defense?

'Heterotutela' refers to when a possessor seeks external help, usually from the judiciary, to protect their possession. This is done through possessory actions, often known as 'interdicts possessory actions'.

What does 'autotutela' mean in legal terms?

'Autotutela' refers to a possessor defending their possession by themselves, using immediate self-defense or legitimate defense of possession, without relying on judicial authorities.

What are the three types of attacks on possession?

The three types of attacks on possession are: 'esbulho' (outright dispossession), 'turbação' (interference with the use of possession), and 'ameaça' (threats of dispossession or interference).

What is 'esbulho' and how does it differ from 'turbação'?

'Esbulho' occurs when a possessor completely loses possession of the property, and another person takes over. 'Turbação', on the other hand, refers to when the possessor retains possession but is interfered with or obstructed in their peaceful enjoyment of the property.

Can 'ameaça' be considered a form of possession attack?

Yes, 'ameaça' refers to the threat of 'turbação' or 'esbulho', meaning the possessor may fear losing possession or suffering interference, even if no actual harm has occurred yet.

What action should be taken in case of 'esbulho'?

In the case of 'esbulho', the appropriate legal action is a 'reintegração de posse' (recovery of possession), which seeks to return the property to the rightful possessor after being dispossessed.

How does 'turbação' affect a possessor's rights?

'Turbação' hinders the possessor's enjoyment or peaceful exercise of possession, but it does not result in the complete loss of possession. Legal action for 'turbação' would typically involve seeking to end the interference without losing possession.

What are 'interdicts possessory' in Brazilian law?

In Brazilian law, 'interdicts possessory' are legal actions used to protect possession, either through the recovery of possession ('reintegração de posse') in cases of 'esbulho' or through maintaining possession ('manutenção de posse') in cases of 'turbação'.

What is an example of 'turbação' from everyday life?

An example of 'turbação' could be someone placing animals on your property, disturbing your peaceful enjoyment without taking full control of the property. You would still retain possession, but your use of the property would be obstructed.