Uma análise pormenorizada da usucapião extrajudicial

Abstract

The objective of this study is to analyze how the extrajudicial misappropriation was positivated in our legal system, by the Code of Civil Procedure of 2015 and its subsequent modification by Law 13.465 of 2017, with the intention of trying to clarify some controversial points that the legislator was not able to supply, to contribute to an access to a more just democratic legal order and to provide access to the institute of the less well-off layers of our society. The starting point of the work is the analysis of the roots of extrajudicial usucapion in our planning, to serve as substrate necessary to the understanding of the institute, in the current molds, as a promoter of the right to property by the original bias. It then deals with extrajudicial misappropriation as a materialization of the phenomenon called disjudicialization, which seeks to displace some activities that were attributed to the judiciary for notary services, aiming at faster and faster in the process of usucapion as opposed to the slowness of judicial proceedings. Subsequently, the focus of the work begins to analyze the procedural administrative gait of usucapion in the registry of real estate and its peculiarities, trying to clarify the most controversial points that will raise various legal proceedings due to lack of understanding of the guiding principles of this institute