Usucapião ordinária pela via administrativa

This study aims to bring a new method procedure for information on how to make greater use of the Institute of Adverse Possession, specifically in cases of Immovable Property Administrative Adverse Possession. The current number of claims filed in court in order to settle existing disputes related to the Brazilian Real Estate Sector, regarding the use of acquisition through adverse possession, in all its species, in all its species, is undoubtedly frightening. By the way, are thousands of claims intended to be property through Adverse Possession Institute. In the same way, article 1071 of Brazilian New Civil Procedure Code, brings a quite interesting tool to the real state law, the administrative adverse possession has the intention to relieve the judicial system, and facilitate some of the forms of adverse possession. This study is based on the practical research of the acts prepared by Brazilian Notary Public Notes, regarding the Notarial Act of Administrative Adverse Possession in Brazil, which is one of the requirements to file the application for Administrative Adverse Possession, record in the Official Land Registry and the registrations made in the enrollments, which are the object of identification and qualification of the Real Estate to be acquired by Administrative Adverse Possession. In practice, this institute is faster than the judicial common procedure, if present their mandatory requirements of the administrative phase, and for the judicial system is impossible, due to its investigative procedure, and therefore time-consuming. However, the negatives of the Administrative Adverse Possession, which therefore does not generate the effects of jurisdiction, i.e. lis pendens and res judicata, and is the choice of parties to join the judicial process for discussion, and the restriction of the property in question may be registered, as a result of the litigation in relation to the property. This why, who will chair the administrative procedure will be the Real Estate Register, which is endowed with public faith and has full capacity to expertise such activity, but, as we know, the Real Estate activity involves much economic interest, and on behalf of liability of the Registrar of Record, and the requirement for consensual, which at any time may become litigious, and with it, rise to a legal dispute. The research methodology was qualitative, basic and explanatory.