Usucapião extrajudicial: aspectos procedimentais e hipóteses práticas de aplicação

Abstract

The present monographic work is aimed at the study of usucaption in the extrajudicial modali ty, its procedural aspects and aims to develop hypotheses of practical application of the insti tute for out-of-court advocacy, an analysis is made of the phenomenon of unjudicialisation of Procedures as a natural tendency to achieve resolution of social conflicts, proceeding with a study on the possession element and the usucaption species as a basis for sustaining the initia tion of the extrajudicial recognition procedure. It examines the main elements of the judicial process for recognizing usucapion as a way of obtaining comparatives to fill the gaps in the procedure governed by art. 216-A of the Public Records Law, where it elaborates on the form that the applicant must to submit the request to the registration officer. Finally, it seeks to ex emplify practical hypotheses for the application of usucapião in the way that its legal text is found, in order to obtain the regularization of real estate problems present in Brazilian society, promoting the recognition of property rights and economic development.