A aplicabilidade da usucapião familiar prevista no Art. 1.240-A do código civil face ao atual sistema notarial Brasileiro.

Abstract

The adverse possession is an original kind of property acquisition in which the owner of the object, after a certain time lapse and met legal requirements, acquires mastery of the thing possessed. The research is a study about the possibility for application, or not, of the prescription type that is inserted in art. 1240-A of the Civil Code by Law Nº. 12.424/2011, according with the Brazilian´s Notary System, with the goal of understanding the legal institute, family adverse possession, and its application in Brazilian law. The family adverse possession is based on acquiring ownership, through in the course of time, of asset belonging to the couple, happens when one of the spouses, after being abandoned by the other, remains for two years in the couple´s home, using this with the purpose of housing, since do not have another property, urban or rural, and has not been previously received by this adverse possession. To meet the objective of this research is necessary examine, at first, the Institute of adverse possession in Brazilian law, then the family law and their property relations, once the family adverse possession interferes in the marital property system that is chosen by the couple, eventually examines the adverse possession that is inserted in art. 1240-A of the Civil Code, addressing your regulatory requirements, the applicability of the first paragraph of the said legal provision and the institution of the Central Notarial de Serviços Eletrônicos Compartilhados (CENSEC) created by Provision Nº. 18 of CNJ what manages a national database of notary acts of several Brazilian states, and the creation of mechanisms related of the research of such acts. Towards the methodology was used is this project of monograph is the deductive method as template approach, this study was explicative method and the technique was used is the bibliographic research. This study suggests that it is possible the application of family adverse possession in the Brazilian order, as well as its proper operation in according to § 1º of Art. 1240-A of the Civil Code, especially after the CENSEC creation, that appearing as a nationwide management tool database, enabling the notarial acts research in any federal unit.