Prescrição e incapacidade na usucapião: análise da exceção à não fluência do prazo prescricional no âmbito do acórdão da apelação cível de nº 1009131-67.2015.8.26.0224/SP

Abstract

The present work aimed to analyze the scope of incidence of the rule provided for in article 198, I of the Civil Code, which determines the suspension and impediment of the prescription in relation to the incapable regarding the acquisitive prescription in the face of these, in order to verify how the institute in curatorship can influence the effectiveness of the norm. In order to achieve this objective, an analysis was carried out of the appellate decision nº 1009131-67.2015.8.26.0224/SP handed down by the TJSP, whose original action aimed at repossession of an area occupied for more than 30 years in which one of the heirs was absolutely incapable, having analyzed the arguments used in the case in question through bibliographic research supported by doctrine sand articles by authors who have addressed the issues. Finally, it was concluded by the fluency of the acquisitive prescription in the face of the absolutely incapable who securator was appointed in the interdiction process.