A desjudicialização da usucapião imobiliária: o papel dos cartórios de registro de imóveis do Termo Judiciário de São Luís na prevenção de litígios após a vigência do Código de Processo Civil de 2015

Abstract

Social dynamics allowed for the creation of social rights and their enshrinement in constitutional texts, which were not immediately enjoyed, due to the state's inability to comply with these constitutionalized promises, resulting in mass judicialization and procedural slowness, causing the so-called crisis of the Judiciary to erupt, which is the result of a combination of several factors. In this context, de-judicialization movements have emerged, aimed at creating alternative means and doors to the Judiciary, a trend followed by Brazil, which has strengthened and believed in extrajudicial registries to resolve disputes that were previously only dealt with and processed through the courts, such as extrajudicial usucaption of real estate, which has become a swift procedure, offering the user the same guarantees as the judicial process. For this reason, this dissertation is important, as it aims to understand whether land registry offices can contribute to the prevention of disputes by de-judicializing the usucaption procedure. In order to achieve this goal, we used a deductive approach, operationalized by monographic procedural methods and those typical of legal-diagnostic research, based on which we described the work of the real estate registry offices of the São Luís Judicial Term, as contributors to relieving the burden on the judicial units of the same judicial term in terms of processing usucaption requests. As research techniques, indirect documentation was used, through the collection of secondary data that includes documentary and bibliographic research on specialized platforms; with regard to verifying the performance of the real estate registry offices in the São Luís Judicial Term and their contribution to the de-judicialization of usucapião claims, a report was requested from the Court of Justice of the State of Maranhão with the number of usucaption cases filed before the judicial units of the São Luís Judicial Term in the period before and after the 2015 Code of Civil Procedure came into force, and another report from the four real estate registry offices of the same judicial term with the number of usucaption requests filed before the extrajudicial offices in the period between March 18, 2016 and July 31, 2023, a period after the 2015 Code of Civil Procedure came into force.