A DESJUDICIALIZAÇAO DO PROCESSO DE USUCAPIÃO PROPOSTA PELO NOVO CPC/2015

Abstract

The purpose of this paper is to answer the following question: Does the misjudicialization of the process of extrajudicial misappropriation make it administrative, has it achieved the objectives proposed by the new CPC of 2015 regarding speed and the search for alternative means of conflict resolution? In view of the scenario of unfairness, it emerges as an important instrument capable of reducing the volume of proceedings, so as to unclog the Judiciary, so that it can provide the judicial protection sought to the demands for effective access to justice through registration in the Notary Offices. Using legislation and bibliographic research on the subject, it is verified that extra-judicial usucapião, a means of acquiring property where the practical and theoretical aspects of the evolution of property rights were addressed, which ceased to be absolute and began to be relativized through institute of the social function of property. From the 1988 Constitution, in its article 5, paragraphs XXII and XXIII, the right to property is guaranteed, as long as it fulfills its social function. This collects many requirements that with what was intended to resolve, from the advent of the New Code of Civil Procedure (Law No. 13,105 of 2015), with this to allow a procedure faster than judicial misappropriation came the amendment by law 13.465 / 2017, creating the possibility of recognition of extrajudicial usucapião.