A DESJUDICIALIZAÇÃO DA USUCAPIÃO DE BENS IMÓVEIS PELA VIA EXTRAJUDICIAL

Abstract

This article aims to present initial lines about the emergence of the possibility of the adverse possession procedure to be performed through the extrajudicial route. It clarifies the beginning of private property, the social function of property, the most common types of adverse possession, discusses the impeding causes, mentions the institute of legalization as an alternative means of adverse possession and the positive law regarding the subject. But it also proposes a reflection on the absence of the Public Ministry as an inspector of the law, to establish itself as a perfect institute, derived from article 1071 in the advent of the new Civil Procedure Code of 2015, which adds article 216- A, in law 6015/73, and finally it is outlined by Provision 65 of 2017.