The slab real estate right: between surface rights and the new democratic face of property right

Authors

DOI:

https://doi.org/10.18316/redes.v7i2.5578

Keywords:

Slab Real Estate Right, Brazilians Slum, Urban Law, State Law 13.465/2017.

Abstract

The State Law 13.465/2016 has introduced the slab right into the brazilian legal system. By one hand, it was celebrated as it fulfills promises of more social equality; by the other hand, it made part of the doctrine worried as they didn´t knew how to categorize the nature of the new positive right. This paper analyses the factual causes that made the slab right a new kind of real estate right, as well its social history and practice before the state law in question. After studying the dogmatical of the legislation in analyses, the paper points the main theme questions, emphasizing relevant cases. The essential crux chosen was the need to find the origin of the slab right, distinguishing and finding connections between the development right and the property right. That said, as an attempt to calm down the theoretical disquiet, it was pointed the main arguments from both sides. Nevertheless, in the end, it concludes for better use of the slab right as a kind of property right, mostly because of its goals to legalize vulnerable homeland, due to its factual approach between reality and the law, and considering the free use of land guaranteed by property right. From the strongest arguments in defense of slab right as a kind of property right, stand out (i) the facilities of daily use by the owners; (ii) the plenty fruition of all powers of property right (to use, to take profit, to renounce); (iii) the presence of a single property document; (iv) a legal safety for slab owners, guaranteeing economic stability; and at last (v) the close understanding between social facts and the law.

Author Biographies

Gustavo Martinelli Gazotto, Pontifícia Universidade Católica do Paraná

Bacharel em Direito pela Universidade Federal do Paraná. Mestrando em Direito Econômico pela PUC/PR. Membro do Núcleo de Pesquisas em Políticas Públicas e Desenvolvimento Humano (NUPED).

Marília Pedroso Xavier, Universidade Federal do Paraná

Professora da graduação e da pós-graduação strictu sensu da Faculdade de Direito da UFPR. Doutora em Direito Civil pela USP. Mestre e graduada em Direito pela UFPR. Conselheira da OAB/PR. Diretora do Departamento de Direito Civil do Instituto dos Advogados do Paraná. Coordenadora da Clínica Jurídica “Advocacia Disruptiva” e do Observatório jurisprudencial em Direito de Família e Sucessões junto ao Núcleo de Prática Jurídica da UFPR. Advogada. Mediadora da ARBITAC e da CAMFIEP.

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Published

2019-08-07

Issue

Vol. 7 No. 2 (2019)

Section

Law in motion in perspective

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