A usucapião urbana de bens imóveis como instrumento de regularização habitacional

Abstract

The urban conflicts in the outskirts of the big cities – the result of a disorderly, chaotic and excluding urbanization process – demonstrate that an expressive part of the Brazilian population does not have access to a decent and fair housing that meets their most basic and essential needs. The present research seeks to analyze the adverse possession as an essential instrument for the regulation of housing in urban spaces, and especially its importance in the process of democratization of access to housing. The methodology used will consist of a bibliographical analysis on the legal, doctrinal and jurisprudential provisions on the matter. Therefore, the concept of housing and its historical evolution will be analyzed, as well as the institute of possession and its social function. In addition, the adverse possession and its various modalities will be analyzed from the perspective of the Civil Code of 2002 and the Federal Constitution of 1988. Finally, the special adverse possession contemplated in the City Statue Law will be analyzed, especially in its collective modality, and how this institute can be used to facilitate the urbanization process in the outskirts of the big cities and, mainly, to democratize the access to housing for low income families.