USUCAPIÃO FAMILIAR: DEFESA DO DIREITO À MORADIA

Abstract

This article aims to discuss the institute of family usucapio, a relatively new theme in the legal system, with possibilities to reflect on the theme, without, however, exhausting the theme or involving universal truths. For this purpose, article 1240-A of the Civil Code is used as a basis, inserted by Law No. 12.424/11, which brought new dimensions to family law. In order to support the research, the exploratory and descriptive method was used, in order to investigate the subject in doctrines, scientific articles, jurisprudence and other available literature. It is concluded that family usucapião is exceptionally judicious, but it has caused several questions about the requirements, specifically about the right to housing, generating controversies and changes in the legal sphere. It is also emphasized that the institute of the right to housing is based on affective dissolutions, which is why it has an impact on family law.