SPECIAL URBAN USUCAPIÃO AND THE EXCEPTION TO LEGAL ENTITY: THE RECOGNITION OF SPECIAL URBAN USUCAPIÃO TO MEI DUE TO THE SIMULTANEOUS USE OF THE PROPERTY AS HOUSING AND COMMERCE

Abstract

This article, entitled “SPECIAL URBAN USUCAPIÃO AND THE EXCEPTION TO THE LEGAL ENTITY: The recognition of special urban adverse possession to the MEI due to the simultaneous use of the property as housing and commerce”, aims to carry out a study on the possibility of recognizing adverse possession urban special to the MEI, given the simultaneous use of the property to be misused as housing and commerce. In this sense, we will seek to analyze the requirements for granting special urban adverse possession, contained in article 183 of the Constitution, article 1,240 of the Civil Code and article 9 of Law 10,257/2001, as well as their exceptionalities. The research focuses on legal dogmatics, based on procedural legislation, on the jurisprudence of national courts and is based on the discursive debate of authors of civil procedural law.