Usucapião e distribuição: breve análise da legislação brasileira

Abstract

This is a theoretical paper addressing Brazilian law on adverse possession and its distributive impact. The first part evaluates to which extent current law regarding adverse possession are affected by some general problems aflicting distributive private law rules, the problems of ineffectiveness, inaccuracy, underinclusiveness and inefficiency. The second part argues for an increase of the limits of special adverse possession in urban zones and the facilitation of collective special adverse possession by dispensing one of its requisites, namely, the one concerning the impossibility of verifying individual possession. These are actions that can improve the distributive performance of adverse possession without causing considerable extra inefficiency.