Land regularization and extrajudicial usucapion: A case study at the property registry office of Tabuleiro do Norte/CE, Brazil

Abstract

The ordinary and administrative legislation on urban land regularization has undergone recent modifications, which aimed to relieve the judiciary power, on the basis that non-litigious situations are resolved in the extrajudicial sphere. The objective of the research is based on investigating extrajudicial usucaptions, understood as an instrument of land regularization, within the scope of the Property Registry Office of the District of Tabuleiro do Norte-CE, in order to investigate their results, characteristics, impacts and effectiveness as mechanism that meets public policies and urban planning guidelines, implementing the fundamental right to property, providing improvements in the quality of life of citizens. Methodologically, in the conceptual field, the bibliographical review and documentary research is used, and in the empirical field, the case study considering twenty-five administrative processes of real estate adverse possession carried out by the Property Registry Office of Tabuleiro do Norte-CE, considering for the study of data to categorical content analysis. As results, it is possible to note the application of adverse possession as an instrument of land regularization combined with the observance of public policies for the development and ordering of urban land, as it has great potential to recognize, implement and promote fundamental rights such as property, housing and human dignity. . The contribution of land regularization through extrajudicial usucaption to regional social and economic development is evident, as this procedure, once completed, entitles the occupants with the formal ownership document (property certificate) which constitutes full proof, being endowed with public faith.