Prescrição da pretensão reivindicatória e usucapião

Abstract

The present study will address the different ways of understanding the relationship between the pretension to claim ownership and the institutes of prescription and usucaption. Given the legislative silence regarding the possibility of prescription of the pretension to claim, the general rule of 10 years provided for in the 2002 Civil Code would be applicable. The application of such rule, however, could imply in the emptying of the domain, before the advent of the usucaption. Thus, aiming to find alternatives for avoiding the problematic situation, a bibliographical and jurisprudential research was carried out in order to verify the different theses used to understand the relationship between the institutes over time, allowing us to offer a contribution to the theme. At the end of the research, it was concluded that the thesis for the imprescriptibility of the pretension to claim is the most adequate, since it avoids the emptying of the property right and meets with a higher degree of satisfaction the operability principle.