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

• Autor(a) principal: Gazotto, Gustavo Martinelli
• Data de Publicação: 2019
• Outros Autores: Xavier, Marília Pedroso
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/5578
• topic: Slab Real Estate Right; Brazilians Slum; Urban Law; State Law 13.465/2017.; Direito; Direito Civil; Direito urbanístico; Direito de Laje; Favelas Brasileiras; Reforma Urbana; Lei 13.465/2017.

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.