A USUCAPIÃO EXTRAJUDICIAL, SEUS RISCOS E A PARTICIPAÇÃO DO PODER PÚBLICO

Abstract

The purpose of this article is to analyze the non-judicial adverse possession, an instrument for land regularization, that was introduced in Brazil by the 2015 Civil Procedure Code and which has the title of property as its main result. The goal is to analyze its risks, debating the negative effects arising from its instrumentalization for the low-income population, which is the majority of informal housing. The participation of the Public Power - in today's rules, practically non-existent — will be questioned, concluding by the importance of the state entity throughout the procedure, as a way to minimize its risks and place the instrument as (another) ally in the realization of the right to adequate housing, land tenure regularization and urban planning. The methodology used is critical-methodological, in its legal-social aspect. and scientific reasoning is deductive. In turn, scientific reasoning is deductive, since its starts from more general assumptions, about non-judicial adverse possession, to make more specific considerations, regarding to the participation of Public Power in the procedure.