EXTRAJUDICIAL USUCAPION AS AN INSTRUMENT FOR QUICK ENFORCEMENT OF PROPERTY RIGHTS

Abstract

The purpose of this article was to provide an approach to the applicability of the Extrajudicial Usucapion procedure, included in the Brazilian legal system by Law 13,105/2015, which added article 216-A to the Public Records Law, bringing a significant innovation in the field of adverse possession. Since the New Code of Civil Procedure comes into force, there is now a new scenario for property regularization, with the possibility of an Usucapion process carried out extrajudicially, in an uncomplicated and faster way than legal actions that tend to drag on. for years. This procedure was later regulated by Provision 65/2017 of the National Council of Justice – CNJ, today an integral part of Provision 149/2023, duly set out in its articles 398 to 423, providing guidelines for the procedure to be carried out efficiently before the Notary Office and Property Registration Services. So, in order to analyze the efficiency of the procedure, the work was developed based on a bibliographical review with the aim of providing a better understanding of the topic. Thus, works by authors who deal with subjects linked to Civil Law, and who maintain a relationship with the chosen topic, were consulted as a research basis, where by examining their theories and concepts in detail, we sought to obtain a more comprehensive and solid understanding. on the subject of the work.