A positivação do direito real de laje e suas implicações jurídico-sociais na realidade brasileira

Abstract

This study sought to investigate the implications surrounding the property Law Institute “direito de laje” (the right to property of a house built upon someone else’s house) introduced by the Statute Law 13,465/2017. To this end, historic survey on how the residential verticalization inthe Brazilian housing system came to be and how the absence of public policies to organized to guarantee the constitutional right to housing (art. 6, CF.) contributed to the event , sharpening the creativity of those who had no place to live until the idea of a "puxadinho" (construction built above another) was reached. After that, a compartison and distinguishing between the “direito de laje” from other similar institutes was made, as well an analisys of how it is handled in foreign law. Finally, the practical consequences coming from the recognition of this right in REM were studied, coming to the conclusion that the Statute Law may not achieve the desired social effectiveness - considering brazilian reality – but what is hoped to achieve with the law, is the the greatest extent possible to the fundamental right to housing.