OLIVEIRA, T. E. P.; OLIVEIRA, Tarcisio Ewerton Pereira.
Abstract:
This paper aims to build an analysis on the family usurpation and its impact on family law in the light of Law 12.424/11 and the Civil Code of 2002, in reality the Federal Constitution of Brazil of 1988. The family prescription guarantees the right to social housing for low-income people, but retroactive to bring back guilt before abolished by Constitutional Amendment. 66/2010, violating several principles such as human dignity and the seal of the social regression, generating numerous criticisms regarding its constitutionality. The main intention of this study is not arguing, but seek discuss ways to implement the new laws that will ensure the rights of those involved. Respectively, the methodology used is the indirect documentation and historical method, moreover, the method of procedure and approach, we use the functionalist model monographic and deductive method. The work affects an approach to the requirements of adverse possession family, thus completing what is observed is not one, therefore it is necessary to examine the details of the case, noting which way this new type of prescription affects marital relations and may or may not be considered unconstitutional.
