A usucapião de terras devolutas.

Abstract

The research intends the perquirir and to classify all the inherent textual aspects to the theme, by the exegetico-juridical method, so that he/she is the foundation sufficiently legal to legitimate the origin of the proposed title. At first, explicitar-if-a the appearance of the usueapiao, denouncing the terminological aspect of the term. Followed by the definition of the institute in allusion, the will be patented because of being way of original acquisition of the property. He/she/you happens to the requirements of the usueapiao, that they will be transcribed, considered and justified, as well as, your characteristic aspects, as the succession or ownership acessao, the legal procedure, being enough only sentence declaratoria, because the title had already consolidated before, and the transcription of the sentence, that, if alleged as defense matter, it is possible for certain categories. It will be demonstrated as and when he/she arose the institute, until that he/she obtained the current contours, and the variants that it took the property in relation to your character, now of legitimate production good, permeated by your social function. Explicitar-if-a also all the categories of the usueapiao and, especially, the agrarian ones, that, besides the general presuppositions or civilistas, it requests other specific ones, as the habitual home and the agricultural production. The lexical aspect of the term devoluto will be evidenced, being taken into account the interpretations, vicissitudes and innovations of the legal devices and the indication the one that beings federativos these belong. Then, it is ended that the residual criterion is the most appropriate to define them. It will be patented he/she sweats historical-evolutionary path, since the division of the things had been undertaken the time of Caio's Institutas and Justiniano to the coming of the Modern State, when this he/she became, dogmaticamente, legal entity and proprietor of the same ones. In Brazil, interesting division is mentioned done by Igor Tenorio in phases. The last still proceeds in the current days. In this they were rated the belonging to the Union, reserved the others for the states. He/she happens the analysis of the classifications of the goods in general, when the character devoluto will be discussed or not of such lands, until reaching to adopted her/it in Brazil, the tripartite, and of the rural property, objective of singular study. Finally, under the prism of the Federal Constitution of 1988, in what plays to the public goods, when they will be explieitados beginnings, positions and delineamentos, as well as, being perfect the analysis of Special Usueapiao, that consists in your pulp and he/she foresees the legal devices, in this case, being undertaken, prioritariamente, the sistemica and teleologica, and still, jurisprudencial and of the currents, for and against, and of your adherent ones, it will be concluded in favor of the usueapiao of lands devolutas strictu sensu, with fulcrum in the constitutional precepts and of the agrarian right, by the modalities Pro it Works and Special Rural.