Usucapião coletiva: problemas atuais acerca de sua efetividade na jurisprudência do Tribunal de Justiça de Minas Gerais e do Rio de Janeiro

Abstract

The main objective of this research is to highlight the current problems about the effectiveness of collective urban special adverse possession in the jurisprudence of the Court of Justice of Minas Gerais and Rio de Janeiro, given that the right in question is imbued with relevant social interest and, since its creation, has been finding obstacles to its implementation. In addition, it is intended to analyze historical issues of the institute, in order to make a detailed analysis from its old prediction to its current prediction, highlighting the expressive changes that occurred in the legal text. In this perspective, the Extraordinary Appeal 422.349 RS will be addressed, which pacified a meritorious understanding of the institute, the divergence of intertemporal law, that is, its initial application framework, as well as the current criticisms of collective adverse possession. Thus, for a deep understanding of the subject, it is intended to examine bibliographies and documents related to the subject, as well as to make use of doctrinal, legislative and jurisprudence sources. Finally, it is intended to make a case study from the jurisprudence of the Court of Justice of Minas Gerais and Rio de Janeiro, in order to present what are the current problems for the effectiveness of collective urban special adverse possession.