Análise constitucional da usucapião familiar.

Abstract

This monograph work brings the theme aspects constitucional of familiar adverse possession. The aim is to analyzing the aspects of the new kind from the Institute of adverse possession, which is the urban adverse possession by home deserting, or simply familiar adverse possession. It is intended, in light of recent and relevant literature with regard to the situation in display, to analyze, discuss and present the main theoretical aspects surrounding this issue. For this, it was used the methodology of literature researching, consisting basically in reading, book reporting and comparison of the theories of the main authors of the Law books that deal with this problem. Starting from the assumption that the law that brought the new kind of adverse possession, had grown from a provisional measure, which means,with addiction since its foundation, the ideal would be that it was created from an ordinary law , which would open up the opportunity for discussions on the matter with the relevant authorities. Thus, from that, some controversies with other existing standards emerged, mainly with the Federal Constitution of Brazil, the highest law in our land. It looks at issues relating to publication of the provisional measure, the limitation of the footage of the property being adverse possessed, the question of desertion, the lowest period of acquisitive prescription on the family adverse possession, and the issue of the scope of the law to rural properties . The paper concludes that the new kind of adverse possession eventually brought more controversies and difficulties than benefits to the system, and the effects of its application can override the constitutional rights such as the right of property in addition to the standard to be a legal backset regarding return of guilt by the end of the relationship.