Usucapião: algumas considerações.

Abstract

The main objective of this monographic work was to approach of form fast a subject still little explored more than easy learning, as it is the case of the processory title. Here it is that, even so it has very defined by the criminal code inside of the Federal Constitution, of the current Civil Code - as well as of the old one - has its procedure lined up in the Code of civil action and laws spreads, the society still did not wake up, for thus saying, for the social importance of this institute. The property right still is a right that it moves with the intrinsic nature of the man of being possessing, owner of res and respected opinions in the opposite, this little moved to the long one of the years. The man still wants and needs to feel possessor, owner to complete itself. Thus being and in the specific case of the property right - and mainly in the hypothesis of the article 1,228 and its paragraphs - the norm for the sensitivity of the lawyer, the promoter and the state representatives signals, but, mainly, of the judge. It, the norm to direct one I appeal forceful: to examine each case with an eye in the law and another one in the social situation and human being. They are judges of right, of fact and primordially, of the fact. For everything this, is affirmed, without fear to make look like extreme Utopia, that the civil law was in substance of rights in rem, creating bonds of interest that, long ago, to primar for the purely patrimonial cold. It remains to wait that the normative bold is reproduced by the Judiciary one.