COLLECTIVE URBAN SPECIAL USUCAPION

Abstract

Purpose : The research has as general objective the study of the legal institute of Collective Urban Special Usucapion provided for the arts. 182 and 183, of the Federal Constitution, then regulated by the City Statute (Law 10,257/2001); and as a specific purpose to understand the way that public institutions have applied this legal institute, mainly by the experiences of its application in metropolitan regions, where there are the occurrence of large areas of human agglomerations inhabiting irregular properties (favelas or communities). Methods: For the development of the research, the deductive-bibliographic method will be used, based on the works of national authors, scientific articles and decisions of the Brazilian Courts, using the methodological processes dogmatic-legal, historical and analytical-synthetic. Results: Partial results indicate the complexity of the Collective Urban Special Usucapion process that involves the formation of Associations, administrative procedures in the field of the Public Administration, judicial decisions, and specific formalization in Real Estate Registration Notices. Conclusion: The legal institute of Collective Urban Special Usucapion is one of the original forms of acquisition of property and is characterized by high social reach. It meets the constitutional precept of the right to property and its social function, ensured in sections XXII and XXIII, of the art. 5 inscribed in the Federal Constitution. This research aims to understand the material aspect of the legal institute; and establish an objective roadmap of its formalizations.