The new trial of precario and the application of Law No. 21.461 of 2022 to the system of actions in rem

Abstract

The legal regulations of the Precario’s procedure was modified obliquely by Law Nº 21,461 of 2022 in two relevant ways. The first of them is the change in the normative foundation to process the Precario action as summary judgment. The second, meanwhile, is the authorization for the civil judge to apply “as pertinent” the rules of payment procedure for collection of rental income to this actio in rem. This article analyzed the effects of both legislative decisions and the way in which they would affect the place that the Precario´s procedure occupies within the current system of actions in rem.