A eficiência do serviço registral imobiliário na usucapião extrajudicial: resolvendo o problema da comunicação jurídica a partir de um manual sobre o procedimento da usucapião extrajudicial para advogados e usuários dos registros de imóveis gaúchos

Abstract

This Professional Master's Dissertation in Law addresses the fact that the Judiciary is facing a crisis due to the accumulation of processes in progress. This crisis is due to the lack of infrastructure in the Judiciary and the culture of sentencing disseminated by the State and law schools in Brazil. The crisis in the Judiciary makes it slow and inefficient, not being able to provide effective protection to citizens. Thus, there is a violation of the principle of reasonable duration of the process and the principle of access to justice. With this, the dejudicialization movement and the Multiport System emerged to relieve the Judiciary. Extrajudicial services gained prominence in these movements, being seen as excellent outlets beyond the Judiciary. Increasingly, there is an expansion of the matters that can be dealt with in extrajudicial services. Provision no. 65/2017 of the National Council of Justice deserves to be highlighted, considering that it provided for the procedure for extrajudicial adverse possession in notary and property registry services in Brazil, removing doubts left by the 2015 Code of Civil Procedure. This provision was revoked by Provision no. 149/2023 of the National Council of Justice. Thus, this research sought to analyze what factors prevent the correct and rapid use of extrajudicial adverse possession and how it is possible to encourage the correct use of extrajudicial adverse possession and contribute to its speed, allowing for a better analysis of transaction costs and greater economic efficiency. The methodology applied was deductive. The procedure adopted was monographic. The research technique used was bibliographic. In the first chapter, extrajudicial services and their role in dejudicialization were exposed. In the second chapter, real estate registration activity was addressed from the perspective of Economic Analysis of Law. In the third chapter, the general aspects of extrajudicial adverse possession were seen. In turn, in the last chapter, organizational communication and the real estate registry service were addressed. From the studies it was concluded that there is poor communication between the Rio Grande do Sul Property Registries, lawyers and users of real estate registry services in relation to the extrajudicial adverse possession procedure and that the preparation of a manual with detailed guidelines regarding extrajudicial adverse possession would improve this communication and contribute to the correct and rapid use of extrajudicial adverse possession, avoiding the loss of time and money for those involved.