Universal aspects of the extrajudicial usucapy and its contribution to the discharging

Abstract

This work has the main objective of analyzing the contribution of the extrajudicial Usucaption innovation of the code of civil procedure of 2015, on the scope of the expansion of the phenomenom of detrimentalization and as means to implement the principle of the social function of property. For its elaboration and development, the method of hypothetical-deductive research was used, through literature review and coming from theoretical references inserted in doctrine and jurisprudence. It was found that the original acquisition of real estate property through “usucapião” demands requirements that authorize as exceptional method of acquisiton, unbinding it from the previous title of property. It was verified that its recognition through extrajudicial is a viable alternative for the traditional recognition through judiciary, as well as vector of facilitation of the efficiency of the constitutional principles of the social function of property, of the reasonable duration of the process and celerity of its processing. Its concluded that the extrajudicial “usucapião” is accessible line for attendance of interests of citizens, fortifying the tendency of expansion of the detrimentalization of the brazilian judiciary planning.