ADVERSE POSSESSION: FEASIBILITY AND EFFECTIVENESS OF REGULARIZING THE PROPERTY/USUCAPIAO EXTRAJUDICIAL: VIABILIDADE E EFICACIA DA REGULARIZACAO DO IMOVEL USUCAPIENDO

The extrajudicial adverse possession appears as a form of acquisition originating from the immovable property required directly in the Real Estate Registry. Its importance is to demonstrate the viability of real estate regularization by extrajudicial means, given the possession, by those who hold it, for a time period sufficiently required by law in view of the acquisitive prescription of holders of real rights registered or registered in the registration of property in adverse possession. For a long time, the adverse possession was regarded as one of the most difficult special procedures described by the old Procedure Civil Code (1973). Currently, with the New Procedure Civil Code (NPCC) advent (2015), there is a new perspective for the real estate regularization. This out-of-court procedure is simpler and quicker than a lawsuit of adverse possession because awsuits of this usually last several years. The NPCC introduced in the Public Registry Law (PRL) the Art. 216-A, making the application of the extrajudicial procedure feasible. Law no. 13.465 / 2017 granted a new wording to mentioned article. And, later, the National Council of Justice (CNJ) brought guidelines with Provision no. 65, regulating the procedure in the notary offices. The extrajudicial recognition of adverse possession becomes one of the most important innovations introduced in the Real Estate and Registral Brazilian Law, with the validity of the New Procedure Civil Code / 2015. The methodology was based on descriptive, bibliographical, interviews. The scientific method used was the hypothetical deductive. The work presents as a result the viability of the Extrajudicial adverse possession, created as an alternative to reach the property next to the real estate registry. It is concluded that the adverse possession extrajudicial introduced in the Brazilian legal system is able to produce practical effects in favor of who acquired the property's right.