A usucapião efetivada a partir da sucessão mortis causa da posse

Abstract

This research addresses the possibility of the transmission of possessory rights post-mortem in an adverse possession action, employing hermeneutical and argumentative methods. The focus is on the possessory rights transmitted by the deceased, not the adverse possession by an heir over the entirety of the property. Legal requirements, jurisprudential positions, and practical challenges are investigated to fill gaps in legal understanding. The analysis encompasses the transmission of possessory rights, specific requirements for adverse possession in this context, and challenges faced by heirs. In addition to providing guidance for legal practice, the research highlights the social relevance in ensuring legal security and regularization of consolidated possessions. The structure involves a general analysis of adverse possession, succession post-mortem, and, in the final chapter, the intersection between adverse possession and succession post-mortem, considering legal, tax, and jurisprudential aspects.