A possibilidade da usucapião de bens imóveis por posse precária, em virtude da transmudação da posse: uma análise de natureza jurisprudencial

Abstract

Adverse possession is an institute of real Law that allows the possessor of a property, in this case, a real estate, becomes the owner according to the chronoligical requirement of the exercise off the power over the thing. This means that ownership of the property, is changed. However, there are divergences in jurisprudence and doctrine, related to the character of the character of possession to effect usucaption through the transmutation of precarious possession, infairpossesion,since the legal certainty be preserved. Therefore, the theme addressed in this article aims at solving the aforementioned dichotomy, whithout prejudice to the legal system.