THE USE OF NON JURISDITIONAL TOOLS TO AID THE ACCESS TO JUSTICE IN THE NEW CIVIL PROCEDURE CODE: THE NEW FIGURE OF "USUCAPIÃO EXTRAJUDICIAL"

This article aims to analyze the institution of the "usucapião extrajudicial", a CPC/2015 innovation inserted in the trend of lessening of jurisdiction, as a mechanism for access to justice. Article 216-A of the Law 6.015/73 is evaluated, starting with its express requirements and procedur...

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Bibliographic Details
Main Authors: Humberto Dalla Bernardina de Pinho, José Roberto Sotero de Mello Porto
Format: Article
Language:English
Published: Universidade do Estado do Rio de Janeiro 2016-12-01
Series:Revista Eletrônica de Direito Processual
Subjects:
Online Access:https://www.e-publicacoes.uerj.br/index.php/redp/article/view/26605/18969
Description
Summary:This article aims to analyze the institution of the "usucapião extrajudicial", a CPC/2015 innovation inserted in the trend of lessening of jurisdiction, as a mechanism for access to justice. Article 216-A of the Law 6.015/73 is evaluated, starting with its express requirements and procedure, but also the doubts left by the legal voids and the administrative responses given, up to the moment, by the provisions of the Courts of Justice. Finally, questions are answered regarding the intertemporal issues arising from the novelty.
ISSN:1982-7636