A possibilidade da aquisição do direito real de laje pela usucapião

Abstract

Regulated by Provisional Measure No. 759/2016 and Law 13,465/2017, the right to slab allows the construction on top of existing buildings, promoting the formalization of ownership and guaranteeing the right to housing. However, this legal innovation raises several questions, such as its legal nature, the relationship between the real right over one's own property and over someone else's property, and the implications of adverse possession of the slab. The analysis is structured in three parts: the first explores the fundamental concepts of the real right to slab, the relevant legislation and the connection with adverse possession; the second part discusses conflicts of interest and legislative omission, resenting arguments for and against adverse possession, in addition to the rights and duties of the parties involved; finally, the third part proposes solutions and paths to legal security, evaluating bills and arguments jurisprudence. The research seeks to contribute to a broader understanding of legal relations in the context of the right to slab, highlighting the importance of protecting the right to housing as an essential social value.