O direito real de laje

Abstract

Although the Brazil Federal Constitution of 1988 has made significant progress with regard to the legal protection of the most needy, millions of Brazilians suffer to acquire the right to decent housing. In this perspective, it becomes the duty of the State, by listing such right in the list of fundamental guarantees of the individual, to provide the conditions for its effectiveness. In addition, in view of the economic and social crisis experienced in Brazil in recent years, regularization of the legal situation of those who live in an irregular situation becomes an important means of boosting the economy. From this perspective, on December 22, 2016, the President of the Republic issued a normative act, which, in addition to creating a program of effective urban regulation, established a new real property right: the slab right. According to several social studies, the existing large urban conglomerates – which, it is worth mentioning – have an informal real estate market, different from the normal real estate market – not only in Brazil but also throughout Latin America, constitute the housing of millions of people and in these places, a construction of one real estate unit over another, with total independence with respect to this one, commonly denominated of slab became common. However, the owner of the property does not have any right in relation to it, considering that it was a mere situation of fact. Thus, through the implementation of the real property right, in addition to regularizing a situation of the real estate unit, the holder of the law will enjoy a significant patrimonial privileges, which contributes to the development of the economy.