USUCAPTION BY HEIRS IN INHERITANCE ASSETS: A STUDY IN LIGHT OF THE CASE LAW OF THE STJ

Abstract

Hereditary communion presupposes shared ownership of assets among all heirs until partition, which theoretically prevents usucaption among co-heirs. However, practical situations reveal heirs exercising exclusive and prolonged possession over inheritance assets, generating succession conflicts. This article investigates: is it legally possible to recognize usucaption of hereditary property when an heir exercises exclusive possession with title inversion? The objective is to analyze the legal feasibility of usucaption by heirs in light of Superior Court of Justice jurisprudence. Bibliographic and qualitative jurisprudential research is employed through analysis of 07 STJ precedents issued between 2020 and 2024. The study demonstrates that the STJ recognizes the possibility of usucaption when proven title inversion through unequivocal acts excluding other co-heirs, combined with the legal period elapse. It concludes that, although hereditary communion presupposes shared ownership, the social function of property and good faith legitimize usucaption recognition when possession ad usucapionem is configured.