LEGAL FRAMEWORK OF FAMILY USUCAPTION: APPLICABILITY AND LEGAL INSECURITY

Abstract

The institute of family adverse possession entered the legal system through Law nº 12.424/11, adding article 1.240-A to the Civil Code, presenting in fact the primary intention of regulating the Minha Casa Minha Vida Program, of the Federal Government. As an objective, it sought to analyze the Brazilian legal system in relation to family adverse possession, its applicability in Brazilian Law, legal uncertainty and the protection of women after the affective and financial burden. In order to achieve this objective, an in-depth study will be carried out on the institute of family adverse possession, in addition to observing the discussions about the legal nature and its applicability in specific cases, relating them to the new civilist institute. As a methodological procedure, a deductive approach of the explanatory type will be used with a bibliographic survey technique. It is hoped that this research can contribute to future research, since it is understood that it was possible to verify the application of adverse possession in the Brazilian legal system, as well as its adequate operationalization, in accordance with § 1 of art. 1.240-A of the Civil Code, especially after the creation of CENSEC, which appears as a database management tool, at the national level, enabling the search of notarial acts in any federative unit.