MARQUES, M. A. C.; http://lattes.cnpq.br/4631885121227855; MARQUES, Matheus Albuquerque de Carvalho.
Resumen:
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.