HISTORICAL-COMPARATIVE ANALYSIS OF THE CIVIL CODE OF 1916 AND THE CIVIL CODE OF 2002 ABOUT USUCAPTION OF PUBLIC GOODS

Abstract

This article aims to analyze the institute of usucaption of public property in the Brazilian legal system since its conception, checking mainly the Civil Code of 1916 and the Civil Code of 2002, also providing the current and relevant debate about the topic, since the State owns a large percentage of the existing properties in the national territory, analyzing still the possibility of the incidence of being usucapped public property.  To achieve this end, the legislation and the doctrine that deal with the subject were used, and the methodology used in this study is predominantly deductive, starting from general premises discussed in order to formulate deontic conclusions, being an eminently bibliographic or qualitative research according to the theoretical nature of the discussion, including books and articles by Brazilian authors and legislation. At the end of the argumentation it is observed the need for the permission of usucapiao of public property in the Brazilian actuality, a need that has been essential since the beginning of the institute.