O DIREITO REAL DE LAJE COMO FERRAMENTA PARA CONCRETIZAÇÃO DO DIREITO À MORADIA

Abstract

The Real Right of Slab appears in the Brazilian legal system with Provisional Measure 759/16, later converted into Law 13.465/17. However, from the historical social point of view, it is much older than that. The problem of the present work is bundled in the question: Is, in fact, the real right of slab a tool that helps in the realization of the right to housing? Whose previous hypothesis is positive for this questioning. The methodology employed is of a theoretical nature, of the dogmatic instrumental type, made according to the deductive method of approach and through the use of historical-evolutionary and interpretative methods of procedure. Thus, the objective of the present work is to analyze the current doctrine concerning the real right of slab, regarding the legislation that regulates it, as well as its comparison and interaction with other opportune legal institutes. Check how the Slab Right relates to the Constitutional Right to Housing. And from that, draw positive aspects arising from the introduction of this rule, and criticism of points that are cloudy or that still need better definition. After such observations, the present work understands that the real right of slab is an important tool in the realization of the right to housing, however it needs adjustments in some sensitive points, such as simplifying the regularization of these buildings with the real estate registry, in order to better achieve their objective as an instrument for land regularization and access to the right to housing.