Ocupação irregular em área não edificante reservada para implementação de infraestrutura

Abstract

The work analyzes the situation of occupations in non-edifying areas reserved for the implementation of infrastructure, seeking to confront the normative reality that impedes construction with the actual reality of occupation. The hypothesis is that it is possible for the occupier to establish real estate rights and that the latter should be compensated in the event of possession by the public authority. For that, Duguit's theory about the social function of law is used as a theoretical framework, focusing on the uniqueness of law and the social function performed by public administration and real estate. Afterwards, the legal analysis of the non-building areas reserved for the implementation of infrastructure is made considering the intervention of the state in private property and the constitution of subdivisions by the private individual. For this purpose, bibliographic research in national and foreign doctrine is used, as well as research on governing legislation and jurisprudence. Then, legal considerations were made about the occupation by building in these places, analyzing the presence of elements that justify the constitution of rights by the occupant, and their legal parameters were outlined. The hermeneutic method was used, which seeks to explain the problems considering their context and a qualitative research was carried out in order to understand the reality of occupations in non-edifying areas to find out if the hypothesis outlined is true.