Do acesso à justiça por meio da usucapião extrajudicial: uma análise das dificuldades encontradas pelas serventias notariais e registrais no Estado da Bahia.

Abstract

Access to Justice and the reasonable duration of the process are constitutional guarantees. It is understood, however, that the Judiciary is not the only way to implement rights. In view of the aforementioned guarantees, and the extrajudicial services as ways of accessing justice, legislative innovations were made that started a process of dejudicialization and increased the attributions of the note and registration services, among which, the introduction of the possibility of adverse possession. extrajudicially - Code of Civil Procedure - Law No. 13.105/15. However, in the State of Bahia, there are major obstacles to the effectiveness of the claim to usucapir. In this work, it is intended to discuss, based on a dogmatic study, about this process of dejudicialization, as well as to present the difficulties faced by the notaries and by the users of the Bahia service in the realization of the claim to usucapir.