Análise da usucapião extrajudicial no ordenamento jurídico brasileiro atual

Abstract

This monograph dealt with the analysis of Extrajudicial Adverse Possession in the current Brazilian legal system. This institute was one of the novelties brought by the Code of Civil Procedure of 2015, fostering the current trend of disjudicialization in the Brazilian legal system. This alternative to the due legal process aimed to achieve faster and more effective results, expanding the forms of access to justice and guarantees of rights, especially the right to property, in a procedure attributed to the real estate registry. Article 1.071 of the New Code of Civil Procedure added article 216-A to the Public Records Law, which provides for the procedure and documents necessary to acquire the property, through the extrajudicial way. The objective of this work is to analyze the procedure of this recent institute, which has undergone changes since its entry into force, seeking more and more effectiveness and speed, without prejudice to legal security. This work was developed through theoretical research, according to the understanding of national scholars and from a survey on the literature available in doctrines, articles, understandings, jurisprudence and administrative provisions on the topic in vogue. It was analyzed in three chapters: the Adverse Possession institute, addressing its species and requirements; the general aspects of property rights and their social function; disjudicialization as an alternative means of access to justice and the importance of extrajudicial offices for the realization of this phenomenon; and, finally, the Extrajudicial Adverse Possession procedure, until the effective registration of the property.