Repossession lawyer in São Paulo, Brazil
Repossession, maintenance of possession and prohibitory injunctions, seeking interim relief where the case allows. In person on Avenida Paulista or remotely, across Brazil.
5,0 · 18 Google reviewsThree similar situations call for three different claims: whoever has lost possession applies for repossession; whoever is still in occupation but interfered with applies for a maintenance order; whoever has been threatened applies for a prohibitory injunction (Civil Code, art. 1.210; Code of Civil Procedure, arts. 560 and 567). The date matters as much as the facts: within a year and a day of the dispossession the special procedure applies, and the judge may issue the interim warrant without hearing the other side (arts. 558 and 562).
When a possessory claim is the route.
- Squatters on land or an empty propertyA plot, warehouse, farm or vacant flat: the textbook case of dispossession.
- Property lent and not returnedA loan for use that has ended, notice served and the occupier stays on. Once the loan has validly ended and the return deadline has expired, refusal to return the property may constitute dispossession.
- A fence, wall or building that movedThe neighbour shifted the boundary or took a strip of land — an argument that runs alongside neighbour law.
- Interference without loss of the propertyA path forced through, materials dumped. You are still in possession, so the remedy is an order protecting existing possession.
- A credible threat of invasionBefore the property is lost, a prohibitory injunction is available, with a penalty fixed in advance.
- Collective occupationCollective disputes require the CPC safeguards on service and institutional participation; prior mediation follows the conditions in art. 565.
- Defending the occupierWe also act on the other side: a defendant may, in the defence itself, seek protection of their own possession and compensation where supported by the facts and law.
New possession, old possession and the year-and-a-day clock.
The first question is not who owns the property. It is the date of dispossession or interference. Within a year and a day of the dispossession, the claim follows the special possessory procedure and allows an interim warrant, issued without hearing the other party where the claim form is properly evidenced (art. 562). After that window the possession is called old: the right survives, but the case runs under the ordinary procedure.
The second question is evidence. A possessory claim is about possession, not title: a possessor is anyone who in fact exercises, fully or partly, any of the powers inherent in ownership (Civil Code, art. 1.196). Deeds and the land register help, but they do not replace bills, dated photographs, contracts, witnesses and a police report. That file is what supports the interim order.
There is a useful safety valve: bringing one possessory action instead of another does not prevent the judge from granting the protection whose requirements have been proved (art. 554). That matters because a threat becomes interference and interference becomes dispossession while the case is running. The chapter sits at arts. 554 to 568 of the Code of Civil Procedure.
Not every case is possessory. Where there is a lease, the route is an eviction claim, not repossession (Tenancy Act, art. 5). Where the property went to auction under a fiduciary transfer as security (alienação fiduciária), see foreclosure defence. And where the aim is to turn long possession into ownership, the route is usucapião.
How we run the case.
- Dating the dispossessionWe establish when dispossession or interference occurred. That marker sets the procedure and the interim relief.
- Building the evidence of possessionDocuments, dated images, witnesses and, where the case calls for it, a notarial record of the property.
- Formal notice, where it helpsIn loans for use and tolerated occupation, notice may end permission; dispossession depends on valid termination and expiry of the return deadline.
- Filing with an interim applicationA claim form evidenced so the judge can decide at once; if not, a preliminary hearing with witnesses.
- Enforcing and recovering the lossWe follow the warrant through and seek damages and a penalty against fresh invasion.
What to bring to the first conversation.
Documents that speed up the review
The date of dispossession or interference and evidence of use help the initial review; interim relief depends on the full facts and documents.
- Current land register extract or purchase document
- The date of dispossession or interference
- Dated photographs and video, before and after
- Water, power, property tax and service charge bills
- Police report, if one was filed
- Loan-for-use, tenancy or partnership agreement
- Notices and messages exchanged with the occupier
- Names of neighbours who could give evidence
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate practice and probate matters. She explains every step before the client decides.
Meet Letícia MarquesCommon questions.
What is the difference between repossession and an order protecting existing possession?
It is the difference between losing possession and being disturbed on it. If the occupation pushed you out, in whole or in part, that is dispossession and the claim is for repossession. If you are still in possession but someone is interfering with the use, the claim is for an order protecting existing possession. Where there is a well-founded fear of threatened interference or dispossession, a prohibitory injunction may apply.
What changes if the invasion happened more than a year ago?
The procedure changes, not the right. Within a year and a day, the claim follows the special procedure and allows an interim warrant (art. 558). After that the possession is old and the case runs under the ordinary procedure — still possessory, but urgent relief requires a probable right and a danger of harm or risk to the useful outcome of proceedings (CPC, art. 300).
Do I have to be the registered owner to bring the claim?
No. The claim protects possession, and a possessor is anyone who in fact exercises any of the powers of an owner (Civil Code, art. 1.196). Tenants, borrowers and buyers holding only a private contract can all be claimants. The land register helps as evidence, but what is tried is the fact of possession.
Will the judge grant interim relief without hearing the occupier?
That is possible. Where the claim form is properly evidenced, the judge orders the interim warrant without hearing the other party; otherwise a preliminary hearing is listed at which witnesses confirm possession (art. 562). Against a public-law legal entity, its judicial representative must be heard first. In a collective dispute involving dispossession or interference older than a year and a day, mediation precedes consideration of interim relief (art. 565).
What does a repossession claim cost?
Three components: fees agreed in writing before any step is taken, court costs on the value of the claim, and evidence costs such as a notarial record and a survey. The proposal is put in writing after we review the documents.
Do you act outside São Paulo?
Yes. The claim runs in the forum where the property sits, and we handle proceedings elsewhere, including rural areas, with local lawyers under our instruction. Strategy and supervision remain ours, with meetings at our Avenida Paulista office or by video call.
When did dispossession or interference occur?
That date sets the procedure and the interim relief. Send the property documents and an account of what happened: we review the case, set out the route and put a proposal in writing.