Questão jurídica principal
Whether the public law appeal was admissible against the cantonal possessory judgment.
Decisão extraída
The appeal was admissible only insofar as it challenged factual findings or evidentiary assessment; legal qualification under Art. 927(2) CC was not reviewable in this procedure.
Fundamentação extraída
A possessory judgment under Art. 927(1) CC is not final for appeal on the merits, but may be challenged by public law appeal for arbitrariness; however, questions concerning a preferred right under Art. 927(2) CC belong to the remedy on the merits and cannot be converted into constitutional review.