DIREITO REAL DE LAJE
DA SEGURANÇA JURÃDICA À POLÃTICA DE ORGANIZAÇÃO URBANA BRASILEIRA
Abstract
For a long time, the social reality of “slab†constructions in Brazil is a matter of controversy in social interactions, most common within the economically less favored strata and for the State as an intervening entity in private interests to implement public purposes, which aroused the need for legal regulation in the Brazilian Civil Code. The institute's concepts and its legal nature´s interpretation point to the institute´s autonomy and immediate purpose of offering legal security to individuals through the social reality of urban spaces expansion without an ordered plan. “The right of Slab†serves the purpose to ensure the housing´s right toward the human dignity achievement, recognizing a social reality that can no longer be ignored. There are also constitutional commandments, such as the urban environment principles to enforce the new estate right as an instrument to attend the human dignity essential core.