Audiência Cível 9 - Processo: 0827983-74.2013.8.12.0001

Summary

The transcript details a court hearing involving a case of adverse possession (usucapião) filed by Marinete Vieira dos Reis against Julieta Sais Minari and other neighboring parties. The witness, Valmiro Queiroz, testifies that he has lived near the property in question for over 20 years and confirms Marinete's continuous possession of the property, which she inherited through her former father-in-law. The court proceeds to grant the claim based on the testimony and evidence, recognizing Marinete's ownership of the property. The case concludes with the formal declaration of legal ownership for the claimant.

Takeaways

• 😀 The case involves an adverse possession (usucapião) claim over a property in Vila Nossa Senhora das Graças.
• 😀 Marinete Vieira dos Reis, the plaintiff, is seeking legal recognition of her ownership of the property.
• 😀 The defendants in the case are Julieta Sais Minari, Norma Correia, and Angelina da Sierve Costa Marques.
• 😀 The witness, Valmiro Queiroz, is a neighbor of the property in question and has known the parties involved for years.
• 😀 Valmiro testified that Marinete has been living at the property since 2005 and has continuously occupied it without contestation.
• 😀 The previous resident of the property was Hélio Azevedo Martins, Marinete’s ex-father-in-law, who lived there before her.
• 😀 Hélio Azevedo Martins treated the property as his own but did not build the house, which was already in place when he arrived.
• 😀 Valmiro confirmed that the house was initially small and made of wood, and improvements were made by Hélio over time.
• 😀 Marinete's possession of the property has been undisputed in the local community, and she is recognized as the owner by neighbors.
• 😀 The court ruled in favor of Marinete, recognizing her ownership through adverse possession based on continuous and uninterrupted possession.
• 😀 The court's decision was based on the evidence of Marinete's possession since 2005 and the testimony provided during the hearing.
• 😀 The ruling will allow Marinete to legally register the property in her name once all procedural requirements are met, including tax clearance.

Q & A

What is the primary legal issue in this case?

The primary legal issue in this case is a claim for adverse possession (uso capião) of a property, where the plaintiff, Marinete Vieira dos Reis, seeks to establish ownership of a property that she has occupied since 2005.

Who are the parties involved in this case?

The parties involved in this case are the plaintiff, Marinete Vieira dos Reis, and the defendants, Julieta Sais Minari, Norma Correia, and Angelina de Sierve Costa Marques.

What role does Valmiro Queiroz play in this case?

Valmiro Queiroz is a witness in the case. He is a neighbor of the property in question and provides testimony regarding Marinete's continuous possession of the property and the history of the property's ownership.

What did Valmiro Queiroz testify about Marinete's occupation of the property?

Valmiro testified that Marinete has lived on the property since 2005 and is recognized by the local community as the owner. He also confirmed that no one has contested her possession during this time.

What is the significance of Hélio Azevedo Martins in this case?

Hélio Azevedo Martins, the plaintiff's father-in-law, previously lived on the property and is regarded as the prior occupant. He is significant because his occupation of the property predates Marinete’s, and he is seen as the person who treated the property as his own before Marinete moved in.

Was there any contestation of Marinete's ownership of the property during the proceedings?

No, there was no contestation of Marinete's ownership. Valmiro confirmed that no one ever challenged her possession of the property.

What evidence did the court consider in making its decision?

The court considered both documentary and testimonial evidence. Specifically, Valmiro Queiroz's testimony provided key information regarding the continuous and uncontested nature of Marinete's possession of the property.

What is the court's final decision in this case?

The court ruled in favor of the plaintiff, Marinete Vieira dos Reis, recognizing her as the lawful owner of the property through adverse possession. The court declared the property legally hers under Article 1238 of the Civil Code.

What are the procedural steps following the court's ruling?

Following the ruling, the court required the submission of documents proving the payment of taxes and negative certificates for the property. Once these are submitted, the judgment will be registered at the local property registry.

What does the court's ruling mean for Marinete's ownership of the property?

The court's ruling legalizes Marinete's ownership of the property. Upon the judgment becoming final (after it passes through any appeals), Marinete's claim to the property will be officially recognized and recorded in the land registry.