Usucapião extrajudicial : uma forma de regularização fundiária solidária.

Abstract

The present monographic work has as its theme the usucaption, in its extrajudicial realization, as a form of Land Regularization and, equally, as an instrument of the Constitutional Principle of Solidarity and implementation of Human Dignity. Its objective is to analyze the institute of extrajudicial usucapiao as a form of Land Regularization, as an accomplisher of the Constitutional Principle of Solidarity and as a concretizer of Human Dignity. In this context, considering the large number of urban and rural properties that are in an irregular situation, which determines that their owners do not possess the respective title with the real estate registry; considering that this informality of the properties impedes their insertion in the real estate market, especially, preventing them from obtaining financing for better use of the property; Whereas the Brazilian Federal Constitution has as its main principle the protection of Human Dignity; Whereas the Constitutional Principle of Solidarity must be used as an instrument to realize Human Dignity; Whereas the Brazilian infra-constitutional legislation, in compliance with its main principle, has created legal mechanisms of solidarity; Whereas 13. 465/17 law, brought to light the extrajudicial usucapiao; the question is: The extrajudicial usucapiao, at the moment it allows greater agility in land regularization and, consequently, allows a greater number of properties to have their regular registration, can it be considered as a legal instrument fulfilling the Constitutional Principle of Solidarity and, consequently, concretizing human dignity? To accomplish this task, the deductive approach is used, starting from a general premise in order to reach a particular conclusion. The technique of bibliographic research will be used, starting with the reading of books and articles that deal with the theme, as well as the Brazilian legislation that regulates the subject. The subject deserves to be studied due to the need for the operator of the Law to know, in a profound way, the institute of usucaption, in order to better apply it as a form of land regularization, as a way of realizing solidarity and making Human Dignity a reality. In this sense, the extrajudicial realization of usucaption speeds up the procedure for enforcing ownership of property, bringing its possessors, who were previously informal, now into the real estate market, allowing them to obtain financing, whether for improving their housing, in the case of urban real estate, or to allow greater production, in the case of rural real estate.