Abstract:
This monograph will address the topic of family adverse possession in a problematized preceptive of the Brazilian legal system, since article 1240-A of the Civil Code caused a significant change in the legal environment. Because family usucaption is something that has recently been introduced in the doctrine, to analyze such modality it is of utmost importance to clarify that the debate about the same happens mainly because the expression homelessness, which should be interpreted based on Real Rights, taking the focus of the family, transferring the feeling of the expression to the abandonment of the good itself. Thus, in this complex scenario, it is evident that the new type of family adverse possession presents several flaws and omissions that reflect its application, but which does not fail to prioritize its main purpose, which is to guarantee the right to housing in accordance with constitutional precepts.
