Direito de laje como propriedade para Ffns registrais: vicissitudes desta propriedade e a usucapião do direito menor na propriedade pública

Abstract

This work aims to present a study on the slab, its vicissitudes and peculiarities, a growing reality in the brazilian favelas. In particular, the proposal of models for their employability in order to allow the conversion of factual situations (hitherto only factual) as legal ones in the real estate public registry. The strict adoption of established rules, as opposed to the peculiarities and complexities of informal settlements, would certainly perpetuate their outlaw situation, which would entail an inexorable loss of legal certainty due to the absence of admission of titles representing occupations as legal rights in the real estate public records.The property title or real estate right that ensures a stable occupation represents a catalyst for economic-social transformations. New rights, new assets under guarantee, new credit conditions, renewed legal security, in short, new opportunities are deployed to the holders, who can now invest and transmit without the fear of precariousness coming from a mere possession situation.Viewed as a form of social status in poor communities, the recognition of the slab as autonomous unit and property in the strict sense elevates the sense of belonging and citizenship of its owner.In this work, we study the slab, its origin, its form of entry and the practice of its registration, accompanied by theoretical proposals in its management and the advantages deriving from the land regularization process, whether in a private area or in public, either because of positive conduct of the public power, or due to forced titling coming from an action of the private occupant.