A USUCAPIÃO EM HERANÇA FAMILIAR: a possibilidade jurídica de herdeiros usucapirem bens imóveis do acervo hereditário.

Abstract

This research project deals with the legal possibility of applying the Usucapião Institute in material contained in the legal collection - starting with the death of the deceased and not ending with the sharing to heirs and legatees. As will be shown below, there is no legal or tangible prohibition in any legal system that justifies the inapplicability of adverse possession in properties listed in the property in a “pro-indiviso” condominium situation. Deducing or even supposing that there is unconstitutionality in proposing a future action based on this argumentative thesis, leads to a path of untruths that fails to expose the uncertainty that surrounds this theme and all its penumbras to normative light. And, as we weave new biases for the interpretation of the causa mortis succession and its acquisitive prescription, we see that the conceptions that surround private property suffer constant temporal stoning due to its social function, and therefore new reflexes in its original modes of acquisition are originated. Let us remember that the Operability Principle, considered to guide the Civil Code, states that the Law must be created to produce effects, that is, it must be effective so that it can provide changes so that it does not fall into the monotonicity of being just a positive rule, without social applicability. This attempt took place through bibliographic and documental studies, and mainly encompasses the result of ex-post-facto research.