A usucapião e a função social da propriedade como instrumentos para a regularização de imóveis

Abstract

This article examines adverse possession as a relevant legal instrument for real estate regularization in Brazil, ensuring that property rights effectively comply, both in fact and in law, with their true social function. It explores the legal foundations, requirements, procedural aspects, and the social and legal implications of adverse possession, with particular emphasis on the ordinary and extraordinary modalities. The research aims to discuss essential concepts for a deeper understanding of the subject, as well as to address the main challenges, legal controversies, and possible solutions regarding the application of adverse possession in different contexts, such as irregular subdivisions, the possession of ideal shares in traditional condominiums, and the rooftop property right (a specific legal institution under Brazilian law that grants an independent real right over a construction built atop another property)