Special prescription: characteristics of the prescriptive real state in the 1988 Constitution

Abstract

Under Agrarian Law, the objective of this work is to convert the doctrinairelegislative treatment of the institute of special prescription to the new constitutional dimension (C.F./1988). Besides the other modalities of prescription (ordinary and extraordinary), this one, the special prescription, is the agrarian modality of acquisitive prescription, characterized also by special ownership, the agrarian legislator not being contented with simple and common ownership, but adding to important requirements, effective cultivation and habitual dwelling. The present Federal Constitution changes the appearance of the institute keeping in force, however, the previous ordinary legislation (Law nº 6.969/81) but revoking some of the provisions, that disappear with the new constitutional order.