Direito real de laje: uma análise acerca da sua função como um instrumento para a efetivação do direito à moradia

Abstract

The purpose of the research presented in this Final Course Work is to analyze the Real Right of Slab from the perspective of the effective fulfillment of the right to housing. Law 13,465/2017 amended the Civil Code and other laws existing in the Brazilian legal system to include the real right of slab, making it coexist with the well-known institutes of property, usufruct, easements, mortgage, pledge and surface. Despite its recent inclusion in the legislation, the Right of Slab had already been practiced for a long time in areas known as favelas. In addition, the research sought to understand how this institute became an important means of providing access to decent housing, not only in the national context, but also on an international scale. To determine whether the law now regulated is capable of fulfilling this social function, the legal requirements for its implementation were analyzed. Therefore, it can be said that this mechanism plays a fundamental role in guaranteeing access to housing for several families, and is extremely important from a social point of view. This occurs because it affects the lives of millions of Brazilians, most of whom find themselves in disadvantaged economic situations. The regularization of the right to land, in addition to fulfilling its purpose of regularizing land ownership, also seeks to integrate people into society and reaffirm fundamental rights. Law 13,465/2017 amended the Civil Code and other laws existing in the Brazilian legal system to include the real right to land, making it coexist with the well-known institutes of property, usufruct, easements, mortgage, pledge and surface