Maintenance of possession and prohibitory interdict in São Paulo
Disturbance in the use of the property or a concrete threat of losing possession, with injunctive relief when the case allows. In person at Avenida Paulista or remotely, nationwide.
5,0 · 18 Google reviewsNot every possession conflict is a completed invasion. Whoever remains in the property but is disturbed in its use seeks maintenance of possession; whoever has justified fear of being disturbed or dispossessed seeks a prohibitory interdict (Civil Code, art. 1.210). If possession was already lost, the route is repossession. And the date remains decisive: within a year and a day of the fact, the special procedure allows an injunction without hearing the other side (CPC, arts. 558 and 560).
The situations that call for possessory protection.
- Blocked passage or accessA gate closed by self-help, a vehicle parked at the entrance or a path opened by a third party: disturbance that does not remove possession but prevents use.
- Neighboring construction that invades or damagesScaffolding, material storage, a projecting structure or debris falling onto your area — a dispute that usually adds to neighborhood rights.
- Improper use of part of the propertyThe neighbor plants, stores debris or extends a fence onto your land without you having stopped exercising possession.
- Cut water, power or essential serviceAn interruption provoked to pressure the possessor without taking possession away.
- Concrete threat of invasionA written warning, informal notice or movement indicating imminent dispossession: the typical prohibitory-interdict case, with a fine for non-compliance.
- Conflict between co-ownersOne of the owners blocks common use or occupies alone an area of undivided co-ownership.
- Defense of the defendant in a possessory actionWe also act on the other side: whoever is accused of disturbing can show the disturbance does not exist and seek protection of their own possession.
Disturbance, dispossession and threat are three different facts.
The law distinguishes what experience confuses. In disturbance (turbação), you keep possession but are disturbed in use — the remedy is maintenance. In dispossession (esbulho), possession is lost, in whole or part — the remedy is repossession. In threat, nothing has happened yet, but the justified fear of being molested already authorizes the prohibitory interdict (Civil Code, art. 1.210). Choosing the divergent action does not end the case, because the judge grants the protection matching the proven premises (CPC, art. 554) — but choosing right from the start saves months.
The date is still the first question. Filed within a year and a day of the disturbance, the action follows the special procedure and allows an ex parte maintenance injunction when the complaint is duly documented (CPC, arts. 558 and 560). Past the deadline, possession is old and the case runs the ordinary track, with urgent relief under the general requirements (CPC, art. 300).
The prohibitory interdict has its own dynamic: there is no completed fact, there is threat. The evidence must show the justified fear — written intimidation, warnings, third parties measuring or fencing the area. If the premises are met, the judge may impose provisional orders not to alter the factual state of possession and set a fine for non-compliance (CPC, art. 567).
A possessory action discusses possession, not ownership: whoever in fact exercises ownership powers may sue (Civil Code, art. 1.196), and a title exception does not suspend the possessory case (CPC, art. 555). If the disturbance is permanent and the substance is a boundary or abnormal-use issue, the neighbor topic is neighborhood rights. If there is a lease, the route is the eviction action. And if the goal is turning long possession into ownership, the path is adverse possession (usucapião).
How we run the case.
- Qualify the factDisturbance, dispossession or threat? The answer defines the action — and if the choice diverges from the proof, the CPC preserves the case (art. 554).
- Date the disturbanceThe year-and-day mark defines the track and the possibility of an ex parte injunction.
- Fix the proof of possession and disturbanceDated photos and videos, witnesses, police report, notices and, when the case calls for it, a notarized record of the property's state.
- File with an injunction requestA duly documented complaint for immediate decision; if not enough, we request a prior justification hearing with witnesses (CPC, arts. 560 and 562).
- Enforce and collectWe follow the writ's enforcement, the fine for repetition and the damages claim in the same action.
What to bring to the first conversation.
Documents that speed up the review
The date of the disturbance or threat and the proof of property use help the initial assessment; injunction viability depends on the whole set of facts and documents.
- Updated title registration or acquisition document
- The date the disturbance began or the threat arose
- Dated photos and videos, before and after
- Police report, if any
- Notices and messages exchanged with the disturber
- Commodatum, lease or partnership contract
- Water, power, IPTU and condominium bills
- Names of neighbors who can testify
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
What is disturbance of possession?
It is the disturbance of the exercise of possession without the possessor losing it: the neighbor who blocks the passage, uses part of your area or builds onto your land. The remedy is the maintenance-of-possession action, which protects the disturbed possessor and may come with damages (Civil Code, art. 1.210).
When does the prohibitory interdict apply?
When there is justified fear of imminent disturbance or dispossession — the threat is not yet completed but is concrete: written notice of invasion, third-party movement on the property or repeated threats. The judge may impose provisional orders preserving the factual state of possession, including a fine for non-compliance (CPC, art. 567).
I lost part of the land. Is it still maintenance of possession?
Probably not. Loss of possession, even partial, characterizes dispossession — and the route becomes repossession. If the chosen action is another, the judge may grant the protection whose premises are proven without dismissing the case (CPC, art. 554).
Can the injunction issue before the other side is heard?
Yes. Filed within a year and a day of the fact, the judge grants the maintenance injunction when the complaint is duly documented (CPC, arts. 558 and 560); if not possible, a prior justification hearing is set (art. 562). In collective conflicts with facts older than a year and a day, mediation precedes review of the injunction (art. 565).
Can damages be claimed in the same action?
Yes. The disturbed possessor is entitled to damages besides security against new disturbance (Civil Code, art. 1.210). In practice one seeks a coercive fine for repetition and compensation for proven loss, such as lost profits and material damage, as the evidence allows.
How much does a maintenance or interdict action cost?
Three components: fees agreed in writing before any step, court costs on the case value and evidence expenses, such as a notarized record and, when needed, a technical report. The proposal is presented in writing after the documents are analyzed.
When did the disturbance start?
The date defines the track and the injunction. Send the account of what is happening and the property documents: we analyze the case and indicate the path, with a written proposal.