Usucapião de bem de herança entre herdeiros sob uma perspectiva constitucionalista

Abstract

This work aims to contribute to the discussion about the possibility of adverse possession of inherited good claim between heirs with focus on a constitutionalist view of the Law of Succession. In this sense, it will be done a qualitative and bibliographic research with an exploratory approach based on a dogmatic analysis of fundamental rights in order to understand the relation between right to inheritance and right to property, as well as the repercussion of social function of property on these rights. Afterwards, will be done an approach about possession and adverse possession, in view of the origin and the current handling of these institutes in Brazilian doctrine to address about the possibility of adverse possession claim between heirs before probate. Thereby, it will be observed that doctrine and jurisprudence tend to accept it by means of a comparison to adverse possession claim in condominium. However, in a more accurate analysis, it will be verified that a constitutional approach about these institutes is necessary to a better discussion about this topic. Keywords: adverse possession; heir; right to inheritance