Análise prospectiva de aplicabilidade da usucapião extrajudicial no novo código de processo civil

Abstract

Analyzes the extrajudicial procedure of adverse possession of the New Civil Procedure Code, as well as conducts a systematic study of its practical effectiveness in society. This legislative innovation has certain defects capable of hindering, and even completely empty, the effectiveness of the institute, as the obligatory consensuality of extrajudicial procedure, nonintervention of the Public Ministry and the autonomy and legal capacity of the notary. This is explored briefly, the adverse possession institute, its historical aspects, modalities and requirements. The work also is concerned with the comparison of the procedural rules, the repealed and the current, with respect to adverse possession. In addition, attentive to the discussion of such questions about the extrajudicial procedure, which require an appropriate solution, failing to complete legal uncertainty, or even institute emptying and its irrelevance. It is argued, therefore, the adjustment of the legal provisions of the adverse possession administrative procedure for entering in line with the socio-cultural reality of today's demands, given that such innovations introduced by the new Civil Procedure Code should radiate throughout the national legal system without any obstacle that detracts from its application.