A princesa sem palácio

análise do acórdão do Superior Tribunal de Justiça que julgou o REsp n. 1.149.487/RJ

Abstract

This article written in honor of Justice Antonio Carlos Ferreira and his important contribution to Brazilian law, examines the decision of Brazil’s Superior Court of Justice (REsp 1,149,487/RJ, 6 Dec. 2018), which upheld the dismissal of a possessory action filed by the heirs of the Count d’Eu and Princess Isabel regarding the Palácio Guanabara. Through a historical-legal reconstruction (Constitution of 1824; Laws No. 166/1840, 1,217/1864 and 1,904/1870; Republican Decrees of 1889–1891), it shows that the property was purchased with public funds as a dowry exclusively for the couple’s residence and, ab initio, qualified as a public asset (próprio nacional). The opinion by Justice Antonio Carlos Ferreira stresses the personal and non-transferable nature of the right of habitation and the layered possession scheme (direct possession by the family; indirect possession and title by the State). With the proclamation of the Republic and the abolition of noble privileges, the family’s basis for possession ceased ipso facto. In 2020, the Federal Supreme Court denied an extraordinary appeal, confirming the outcome. The article concludes that the regime change had a resolutory effect on possessory positions grounded in monarchical prerogatives, thereby preserving the State’s ownership.