AN ANALYSIS ON THE EFFECTIVENESS OF LAW No. 13.465/2017 AND PROVISION 65 OF THE CNJ ON EXTRAJUDICIAL USUCAPION

Abstract

The present article aims to evaluate the effectiveness of Law No. 13.465/2017 and the Provident 65 of the CNJ, which deal with Extrajudicial Adverse Possession. To this end, a bibliographical methodology was adopted based on the collection of primary data on the subject, in books, jurisprudence, specialized magazines and legislation in force. The research also relied on the use of the dictates of legal hermeneutics, as well as established an analysis of the legal provisions in question and the concepts related to Extrajudicial Adverse Possession. Law No. 13.465/2017, in force since July 15, 2017, regulated the Extrajudicial Adverse Possession, providing the recognition of rights on adequately individuated real property, by obtaining judicial title directly in the Real Estate Registry Offices, without the need for prior authorization from the Judiciary. Such Law was complemented by Provision No. 65 of the National Council of Justice, in the year 2018, which establishes the procedures to be followed in the Real Estate Registry Offices to carry out the Extrajudicial Usucapiao procedure. However, even with the important advances provided by this legislation, many times, they are not enough to solve the conflict, because they are complex legal institutes, most of the times, unknown by most of the interested parties. Thus, it is expected that this research contributes to a better understanding of the rules and criteria established by law in relation to Extrajudicial Adverse Possession, as well as to the search for greater effectiveness of these mechanisms with the objective of resolving legal claims related to real property in a faster and safer manner.