Código de Process Civil Art 554 a 571


CHAPTER III
POSSESSORY ACTIONS Section I
General Provisions Art. 554. The filing of a possessory action
instead of another will not prevent the judge know of the order and grant protection
corresponding to the one whose assumptions proven. § 1 In the case of possessory action in which
a large number of people are on the passive pole, personal citation of occupants will be made
that are found on the spot and the quote by notice of the others, determining, further,
the Public Prosecutor’s subpoena and, if involve people in situations of under-sufficiency
of the Public Defender’s Office. § 2 For the purpose of the personal summons provided
in § 1, the bailiff will seek occupants on site for once, citing
those that are not found by public notice. § 3 The judge must determine that
wide publicity of the existence of the action provided for in § 1 and the respective deadlines
procedural, being able, for that, to use local newspaper or radio advertisements,
publication of posters in the conflict region and other means. Art. 555. It is lawful for the author to cumulate the request
possessory of: I – condemnation of losses and damages; II – compensation of the fruits. Single paragraph. Can the author request,
still, imposition of necessary measure and suitable for: I – avoid further turbidity or dullness; II – fulfill the provisional or final tutelage. Art. 556. It is lawful for the defendant, in the defense,
claiming it was the offended in his possession, demand possessory protection and indemnity
for the losses resulting from the turbidity or the sketch made by the author. Art. 557. Pending a possessory action
is forbidden, both to the plaintiff and the defendant, propose action to recognize the domain,
unless the claim is deducted in the face third person. Single paragraph. Does not prevent maintenance
or repossession the claim property or other right over the
thing. Art. 558. The maintenance procedure governs
and repossession rules of the Section II of this Chapter when the action
is proposed within the year and day of the turbidity or the shattering stated in the application. Single paragraph. After the referred period
in the caput, the procedure will be losing, however, the possessory character. Art. 559. If the defendant proves, at any time,
that the author provisionally maintained or reinstated in possession lacks financial standing for,
in the case of succumbence, account for losses damages, the judge will designate the
5 (five) days to request security deposit, real or personal trust, under penalty of being deposited
the litigious thing, save the impossibility economically under-sufficient part. Section II
Maintenance and Repossession Art. 560. The owner has the right to be kept
in possession in case of turbidity and reinstated in case of debris. Art. 561. The author is responsible for proving: I – its possession; II – the turbidity or depletion practiced by the
defendant; III – the date of the turbidity or the outburst; IV – the continuation of possession, although disturbed,
in the maintenance action, or the loss of possession, in the reintegration action. Art. 562. With the initial petition duly
instructed, the judge will grant, without hearing the defendant, the issuance of the injunction
maintenance or reintegration, otherwise, determine that the author justifies previously
the alleged, citing the defendant to appear to the designated audience. Single paragraph. Against legal entities
public law will not be granted to maintenance or preliminary reintegration without
prior hearing of the respective representatives judicial. Art. 563. Justification considered sufficient,
the judge will soon issue a maintenance warrant or reintegration. Art. 564. Granted or not the injunction
maintenance or reintegration, the author promote, in the subsequent 5 (five) days,
the defendant’s summons to, if he wishes, contest the action within 15 (fifteen) days. Single paragraph. When justification is ordered
prior, the deadline for contesting will be counted of the subpoena of the decision that
not the injunction. Art. 565. In collective litigation for possession
immovable, when debris or turbidity stated in the initial petition has occurred
for more than a year and a day, the judge, before the request for the grant of the preliminary measure,
should designate mediation hearing, to be held within 30 (thirty) days, which
observe the provisions of §§ 2 and 4. § 1 Granted an injunction, if it is not
executed within 1 (one) year, counting distribution date, it will be up to the judge
designate mediation hearing, under the terms §§ 2 to 4 of this article. § 2 The Public Ministry will be notified
to attend the hearing, and the Defender Public will be notified whenever
beneficiary part of the gratuity of justice. § 3 The judge may appear in the area
object of the dispute when its presence necessary to effect the tutelage
jurisdictional. § 4 The bodies responsible for the policy
agrarian policy and the Union’s urban policy, State or Federal District and Municipality
where the area under litigation is located may be summoned to the hearing in order to
to express their interest in the process and about the possibility of
solution to the possessory conflict. § 5 The provisions of this article apply to
property ownership dispute. Art. 566. For the most part, the procedure
common. Section III
Prohibitory interdiction Art. 567. The direct or indirect owner who
have a fair fear of being molested in possession may request the judge to hold the turbidity
or imminent sketching, by means of a prohibition order in which the defendant is given a certain penalty
pecuniary if it violates the precept. Art. 568. Applies to the prohibitory prohibition
the provisions of Section II of this Chapter. CHAPTER IV
DIVISION ACTION AND DEMARCATION OF PRIVATE LANDS Section I
General Provisions 569. It is up to: I – the demarcation action to the owner,
to compel its confinement to respective buildings, setting new limits
among them or reviving those already erased; II – the shareholder shares the division action,
oblige the other consorts to shares. Art. 570. The cumulation of these
actions, in which case first the total or partial demarcation
of the common thing, citing the adjoining and the tenants. Art. 571. The demarcation and division may
carried out by public deed, provided that that bigger, capable and agree all
interested parties, observing, where appropriate, the provisions of this Chapter.

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