Usucapião familiar e suas vicissitudes

Abstract

The main objective of this work is to analyze the institute of family adverse possession, presenting its vicissitudes in Brazilian civil law. Despite being a mechanism for acquiring property due to the abandonment of the home due to the end of the marital bond, family usucaption is immersed in legal techniques, which prevails in clear contradictions in the face of the civil legislation of the country. By carefully studying the origin of the legal figure until the moment of its application by the courts, we realize that it is an institute that is little used, with low applicability, in addition to the fact that its discussion among civil lawyers is scarce. In this sense, the institute was mistakenly created by legislators, with a purely social and political character, with the objective of safeguarding the right of housing to the spouse who remained in the property, leaving aside fundamental rights and guarantees of the one who left the property, for reasons that are not discussed at the time of granting family adverse possession.