NUEVAS PERSPECTIVAS DE LOS ACTOS NOTARIALES: PRESCRIPCIÓN ADQUISITIVA EXTRAJUDICIAL Y SU VIABILIDAD EN LA ORDENACIÓN JURÍDICA BRASILEÑA.

Abstract

The object of this article is the introduction of the registration of deeds of adverse possession in Brazilian law and their registration in the property registration system, having as objective the existing types of adverse possession. Thus, the paper begins by presenting a historical overview, in which reference is made to the evolution and the types of adverse possession existing in the national legal system. Afterwards, the article veers into an analysis of the different forms of this important legal mechanism in the Portuguese legal system, followed by a discussion of the best way of introducing out-of-court adverse possession in our country. Case law and part of doctrine are thus reviewed, and the conclusion is that the innovative position with regard to the possibilities of registration of deeds of administrative adverse possession is similar to the current movement to de-judicialize procedures where no lawsuits are involved, giving the party the option of a procedure conducted before a notary or before the judicial authorities.