reivindicatória

A reivindicatória is a legal action in civil law jurisdictions, particularly those influenced by Roman law traditions such as Brazil and Portugal, used to recover property. It is a real action, meaning it pertains to the property itself and not to a person. The primary purpose of a reivindicatória is to establish the plaintiff's ownership and obtain possession of the property from whoever is unlawfully holding it.

To succeed in a reivindicatória action, the plaintiff must prove three essential elements: title of ownership, the identity of the property, and the possession of the defendant. The title of ownership typically refers to a registered deed or other legally recognized instrument demonstrating that the plaintiff is the rightful owner. The identity of the property must be clearly established, often through surveys or detailed descriptions. Finally, the plaintiff must show that the defendant is in possession of the property without a legal basis.

The defendant, in turn, can raise various defenses. These may include demonstrating their own legitimate right to possess the property, such as a lease agreement or a prior valid claim, or challenging the plaintiff's title or the property's identification. The burden of proof rests primarily on the plaintiff, but the defendant must present evidence to support any defenses raised. The outcome of a reivindicatória action is typically a judgment ordering the return of the property to the plaintiff, along with potential damages for any losses incurred due to the unlawful possession. This legal mechanism aims to protect property rights and ensure the effective recovery of assets by their rightful owners.