Normatização do direito real de laje: criação de um direito autônomo e repercussões jurídicas

Abstract

Aiming of an effective understanding of the “laje” law, an analysis of its formation was carried out to highlight the reasons for its emergence, and a study regarding the characteristics and nature of this institute, raising questions regarding its autonomy and independence , so that it could be placed alongside the existing real rights, notably surface rights, for an adequate assessment of their similarities and differences. From considering its nature, as a real right over one's own thing or over another's thing, it starts with a critical analysis of its regulation, pointing out the criticisms of MP 759/2016, and the successes of law 13.465/2017, which brought modification and innovations necessary for the adequate application of the new institute. The research procedure adopted was the bibliographic one, so that investigations were made based on the study of current legislation and previous norms, which motivated the regulation of the real right of slab, as well as books and scientific articles on the subject. highlighted. The approach was qualitative, focusing on the circumstances, desires and objectives that moved the creation of law 13.465/2017 to clarify the characteristics and peculiarities of the autonomous right under debate, which allowed to raise the need for the slab for urban regularization and an efficient access to the fundamental right of housing for the population, especially the low-income population, and the analysis of the impacts that the standardization brought in both the social and legal aspects.