Usucapião extrajudicial - modalidade extraordinária

Abstract

The main objective of this work is to explain the need and the possibility of regularization real estate through a very recent extrajudicial procedure, that is, extrajudicial adverse possession, without using the Judiciary Power directly, but indirectly, since the notary service and registration are exercised privately, by delegation of the Judiciary. After Provision 65/2017 of the National Council of Justice, adverse possession was made possible in extrajudicial form, since before this historical milestone the process was processed exclusively in the judicial process and proved to be quite time consuming. In this standard, after in-depth doctrinal and jurisprudential research, focus will be given to the extraordinary modality of extrajudicial adverse possession, using the dialectical method to demonstrate the efficiency of that procedure. Finally, to promote greater speed in transforming possession into property and still have legal certainty, the procedural stages of extrajudicial adverse possession will be analyzed in detail until its approval by the real estate registrar, after proof of all the technical and legal documents required by law.