A usucapião extrajudicial como instrumento para democratização do acesso ao direito de propriedade

Abstract

The present study analyzes usucaption in favor of property rights. It aimed to bring to the fore the importance of extrajudicial usucaption as an instrument capable of democratizing access to the right of property, aiming at its social function. The article brought the following problem that guides the research: in fact extrajudicial misappropriation has been an effective means to expedite the right of possession for social ends? The issue becomes important given the current situation, where property rights guaranteed by the Federal Constitution, Civil Code and Civil Procedure Code are faced with bureaucratization and slowness of judicial processes. It’s a qualitative research, the foundations of exploratory-descriptive field research were employed in an attempt to elucidate the problem and to opportune the elaboration of the hypotheses. The analysis of the data obtained was done through consultations to extrajudicial cases of usucaption, also as by the results of the bibliographic material, establishing an understanding and extension of the knowledge on the mentioned subject.