INVENTÁRIO E PARTILHA DE DIREITOS POSSESSÓRIOS

Abstract

The work first addressed the inventory institute, presenting important concepts, modalities and some of the main procedural aspects. It also dealt with the concepts of possession and property, highlighting the fragility of the first, in terms of security and guarantee of access to housing, when compared to the second. It then entered the existing controversy regarding the possibility of proceeding with the inventory and sharing of possessory rights. He presented the recent jurisprudence of the Superior Court of Justice, which pacified the issue within the scope of its Third Panel, understanding that, if the bad faith of the possessor has not been established, it is possible to proceed with the inventory and sharing of possession. Finally, he concluded that it will be up to the legal professional who assists the parties to decide whether or not to proceed, given the peculiarities of the specific case, with the inventory and sharing of ownership or whether to seek prior formal regularization of the property.