Comparativo entre usucapião judicial e extrajudicial: vantagens e desvantagens

• Autor(a) principal: Matos, Marcos de
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7572
• topic: Usucapião; Judicial; Extrajudicial; Especificidades; Propriedade

Property has an important social function, to ensure that man has access to assets capable of guaranteeing his dignity, as well as of his family, allowing him better living conditions in society. The adverse possession occurs when the individual resides in the property for certain periods, without interruption, ensuring that it remains productive and fulfills this function, which the owner does not do. It is an important institution that can be conducted through judicial or extrajudicial channels, each with its own specificities. The objective of the study was defined as proceeding from a comparative study between judicial and extrajudicial adverse possession, in order to indicate advantages and disadvantages. A literature review was performed to verify authors who approached the topic and how they position themselves on it. The analysis was conducted from a qualitative perspective, that is, as a way of presenting trends that involve the theme and, thus, can lead to a more accurate and in-depth clarification. The studies evaluated allowed us to understand that the usucapion is a legally recognized institute, relevant in order to recognize to the usucapiendo that, in complying with the legally defined requirements, the property is recognized as his own and that it cannot be denied to him. It was also found that extrajudicial adverse possession allows for greater procedural speed, reducing the number of cases in Brazilian courts and the delay of citizens to reach an appropriate solution to their disputes.