A USUCAPIÃO EXTRAJUDICIAL: A ALTERNATIVA PELA INFLUÊNCIA DA DESJUDICIALIZAÇÃO

Abstract

The present work has as scope an objective analysis about the procedure of Extrajudicial Usucapion as an alternative influenced by Dejudicialization. Its objective is to investigate the effectiveness of the recognition of the right to adverse possession of a given property, directly at the property registry offices. The starting point will be the Dejudicialization process implemented from the Code of Civil Procedure - CPC of 2015, where it is intended to demonstrate how the possibility of carrying out adverse possession in an administrative manner, in the light of art. 216-A of the Public Records Law (Law 6.015/73) regulated by Provision nº 65/2017 of the National Council of Justice - CNJ, can be an important tool to reduce the problems of irregularity in real estate property registrations in Brazil. For this purpose, the research is qualitative, using the deductive method of approach, starting from a general verification to a particular one, with a bibliographical research technique, through the analysis of legislation, doctrine and indirect documents. Thus, through the study it can be seen that about the procedure for recognizing extrajudicial adverse possession, it is intended to demonstrate its importance for thousands of people who have qualified possession of a certain property for the period of time required in the legal system, but who encounter obstacles in the judicial ways to obtain the title of property, liable to be extinct from notary work in the face of this situation. In this vein, an analysis is made of the legal treatment of the subject, focusing on Provision 65/2017 of the National Council of Justice, which specifically regulated the matter. From this, some possible solutions to existing problems in the area will be discussed, seeking to bring greater benefits to society.