Adverse possession as an instrument of access to justice and realization of human rights

Abstract

The adverse possession institute is used for the recognition of possession and the acquisition of property. Therefore, the legal requirements and procedure of the judicial route or, more recently, the extrajudicial route must be observed. The adverse possession carried out extrajudicially occurs directly at the Property Registry, with the participation of the Notary Office for the drawing up of the notarial record of adverse possession, a mandatory instrument to implement the request. In view of the above, the present study aims to analyze the usucaption institute, and the transformations that have occurred over the years in this institute, in a context of access to justice and realization of human rights. As a methodology, bibliographical research based on doctrine and legislation related to the theme was used. It was possible to conclude that there has been a process of assigning functions previously exclusive to the Judiciary to extrajudicial bodies, generating the phenomenon known as dejudicialization or extrajudicialization, thereby promoting greater access to justice. Brazil has been adopting a model of non-judicialization, sharing a possible portion of the powers of the Judiciary with other bodies such as extrajudicial services. It is in this context that the extrajudicial adverse possession procedure is inserted, which provided an alternative for citizens to seek the original acquisition directly at the Property Registry Office of the region in which the usucaption property is located, without having to seek it through the judiciary.