Uma análise crítica entre o direito real de laje e o direito real de superfície

Abstract

This work has as scope to delimit the parameters that originated the real right of slab in the Brazilian legal order and to carry out an analysis of the institute in face of the real right of surface. At first, it was established the concept of the law of things and how the surface is disciplined both in the Civil Code of 2002, as in the Statute of the City. After this study, it was problematized that the surface right alone was not able to meet all the social needs and demands, since, with urban growth, legal situations have already materialized, such as the "pullouts" in the favelas, for example, it lacked regulation. It has also been duly explained that although the surface and the slab right are similar, the institutes are not confused. Although the figure of both aims to provide in a certain way the social function of property, the right of slab was instituted as a tool for land regulation of the “favelas”. Although the rationale of the new royal right of slab aims to promote a social transformation, it was analyzed that there are several obstacles and difficulties to achieve this modification, since the simple acceptance of the institute in isolation cannot change this scenario.