SPECIAL URBAN USUCAPIÃO AS A INSTRUMENT OF SOCIAL INCLUSION

Abstract

This research aims to address the issue of land regularization in Brazil, analyzing the Usucapion institute as a solution to this problem, having Constitutional provisions and the Civil Code of 2002, establishing the requirements for the acquisition of immovable property through this institute. This being the original mode of acquisition, observing the legal presuppositions for the claim of the right. With the advent of the Brazilian Civil Code of 2002, several modalities of acquisition of immovable property were listed, thus, we will approach the modality of special urban adverse possession. The research brings in its scope, legal foundations and doctrinal arguments, which lead to the conclusion that the institute of adverse possession has the purpose of consecrating property as a fundamental right and safeguarding those guaranteed for those who actually have the right to property. to the legitimate owner, given compliance with the constitutional text in its article 5, incs. XXII and XXIII of CF/88.