A eficácia do patrimônio de afetação nas incorporações imobiliárias para concretização do direito à moradia à luz da jurisprudência do Superior Tribunal de Justiça (STJ) nos anos de 2022 a 2024

Abstract

This paper carries out a descriptive analysis, with a focus on doctrine and case law, on the legal certainty provided by the Institute of Affected Assets to the purchaser of real estate units through real estate development companies. The problem arises from the constant search for balance in relations between purchasers of buildings made possible through the activity of real estate development, a search that culminated in the regulation of Patrimônio de Afetação, through Law No. 10.931, of August 2, 2004. The aim is to assess the effectiveness of this institute, which has been regulated for 20 years, in guaranteeing the defense of the fundamental social right to housing. The historical evolution of the legislation on the subject is analyzed, as well as the mechanisms of checks and balances provided by the segregate estate in terms of defending the right to housing of property buyers, in the face of the risks inherent in the real estate activity of developers. As a complement to the doctrinal basis, this monograph presents an in-depth analysis of the position of the Superior Court of Justice (STJ) in the last three years (2022-2024), which consolidates the understanding of the direct application of the legislation on the segregate estate to the advantage of other legislation involving real estate matters, such as the Consumer Code or bankruptcy legislation.