Short answer. You can have the item taken out of its hands. Article 2104 says the creditor cannot use the thing pledged without the owner's authority, and if he does or misuses it, the owner may ask that it be judicially or extrajudicially deposited — that is, placed in safekeeping away from the creditor.
What the law says
The creditor cannot use the thing pledged, without the authority of the owner, and if he should do so, or should misuse the thing in any other way, the owner may ask that it be judicially or extrajudicially deposited.
Civil Code, Article 2104 — No Use Without Authority. Read the full provision →
The creditor generally may not use your item
Holding your item as security is not the same as being allowed to use it. Article 2104 draws that line: The creditor cannot use the thing pledged, without the authority of the owner, and if he should do so, or should misuse the thing in any other way, the owner may ask that it be judicially or extrajudicially deposited. The creditor's role is to safeguard the item, not to enjoy or exploit it. Because ownership stays with you, the right to use the thing stays with you as well. Absent your authority, the pawnshop using your pledged item is acting beyond what the pledge gives it.
Your remedy: have it deposited
The article gives you a concrete response. If the creditor uses your item without authority, or otherwise misuses it, you may ask that it be judicially or extrajudicially deposited. A deposit means the item is placed in the safekeeping of a neutral holder, taking it out of the misusing creditor's hands while still preserving it as security for the debt. This is a measured remedy — it does not simply cancel the debt, but it stops the improper use by relocating custody. It protects your property from further mishandling without dismantling the underlying obligation the pledge secures.
The narrow exception for necessary use
There is one situation where use is not only allowed but required. The article adds: When the preservation of the thing pledged requires its use, it must be used by the creditor but only for that purpose. Some items deteriorate if left completely idle, and using them is part of keeping them in good condition. In that case the creditor must use the item, strictly and solely to preserve it. This is a tightly bounded exception — it does not open the door to using the item for the creditor's own benefit or convenience, only for what preservation genuinely demands.
How to think about your situation
If the pawnshop is using your item for its own purposes and you never authorized it, that is the unauthorized use the article forbids, and depositing the item is the pathway the law offers. If instead the handling is genuinely necessary to preserve the item, that limited use may be permitted. The key questions are whether you gave authority and whether the use goes beyond preservation. Where it does, you are entitled to insist the item be removed to a proper deposit, protecting it while the debt it secures remains in place.