Possibilidades e riscos da usucapião extrajudicial em relação à moradia em áreas urbanas

Abstract

The main theme of this dissertation involves the issues concerning the possibilities and risks of non-judicial adverse possession, discussing the social reach of the institute and the way it should be instrumentalized to minimize its negative effects. The research hypothesis was that the instrument is aimed at the middle and upper classes, since its costs would hamper the use by the low-income population. To understand the issue, an analytical methodology was adopted, based on the research of fixed costs – in an absolute and percentage form – of the procedure in all Brazilian states and in the Federal District. Like any other property titling instrument, the non-judicial adverse possession has a wide range of risks, which are potentialized depending on how it is applied. The theoretical framework is that land regularization – thus understood in its multidimensional character – is the way to achieve the right to fair housing, which has several components, with emphasis on security of tenure as a central element. Land regularization, also along the ideas of the research’s theoretical framework, is, at the same time, the solution and cause of the problem of informality, depending on its instrumentalisation. Based on these elements, the research has the general objective of discussing the widening of the social reach of non-judicial adverse possession and minimizing its negative effects, becoming, in fact, an instrument to implement the right to fair housing.