THE APPLICATION OF THE THEORY OF ROBERT ALEXY FACE THE COLLECTIVE USUCAPION

Abstract

The study in focus focused on an analysis of the application of Robert Alexy's Theory of Weighting to the Brazilian Institute of Collective Usucapion. The collective usucapion is one of the adequate means in the search of the effectiveness of land regularization in Brazilian territory. Land regularization in Brazil is foreseen in the New Federal Law n.13.465 / 2017 that leads to legal stability for something that already existed in the everyday life of the Brazilian people. Notaries represent the final stage of a complex process, involving urbanism, land tenure regulation, and public administration issues. The new legislation provides tools for the low-income population to regularize their housing and this is positive because it includes this population in formality. In this sense, the Institute of Collective Usucapion is shown as an adequate means to carry out Social Justice, given that diffuse and collective interests are involved and justify the participation of the Public Prosecution Service. The deductive method was used and research techniques such as indirect documentary research were used, such as the Federal Constitution of 1988, Law 13.465/2017, indirect bibliographic research with the use of books, all related, of some with the proposed theme.