A recent ruling by the Mato Grosso do Sul court has established that two properties located in Jardim Botafogo, Campo Grande, should be returned to their rightful owner after being occupied for 20 years. The decision, made by Judge Flávio Saad Peron of the 15th Civil Court, not only mandates the return of the properties but also holds the current occupant responsible for compensating the owner for the rent during the period of unauthorized occupation, the amount of which will be determined in a future phase of the process.

The case began when the original owner of the two lots filed a lawsuit asserting his legitimate ownership and claiming that the properties were being occupied unlawfully by another individual. The owner argued for the return of the land and sought damages for the inconveniences faced due to his inability to utilize his properties. In response, the occupant defended their claim by stating that they have been residing in the area peacefully for over two decades without significant challenge, a legal argument known as 'usucapiao' which pertains to the acquisition of property rights through continuous possession.

This ruling has broader implications in the context of property rights and land disputes in Brazil, especially in urban areas like Campo Grande where issues of informal occupation are common. While the court's decision reinforces the importance of property rights, it also highlights the complexities involved in long-term informal settlements and the potential need for legislative solutions to address the rights of those who have lived on contested lands for extended periods. As such disputes become more prevalent, the need for balance between protecting legitimate ownership and acknowledging the socio-economic realities of occupancy is increasingly urgent.