Daniel Russo Advogados

Constitutional Support in the Acquisition of Urban Property and the Failure of the Brazilian Legal System

This paper briefly addresses the issue of public records, especially with regard to real estate and the validity of constitutional and infra-constitutional norms that regulate the right to property in the face of fraud and execution.



It provides a view of the constitutional guarantees that affect the right to property, demonstrating the non-compliance with these rules by operators of the law that end up harming third parties in good faith who, even though, enjoy the right to property, legal certainty and have improved the legal act , by mere misunderstanding, see their property expropriated.


What is the legal purpose of the public registry and what is its purpose is questioned. It demonstrates the Germanic property acquisition system, whose model gave soul to the Brazilian system, where the former is perfect and the latter is flawed, while one makes the acquired property untouchable and the other allows judicial constriction due to a gap left by the legislator


Although the new enforcement law narrows this gap, it continues to exist causing legal uncertainty, directly affronting the fundamental rights provided for by the federal constitution of 1988 and, consequently, causing legal uncertainty in the acquisition of real state.


Presentation


The works presented at the II Interinstitutional Masters Seminar in Law at the State University of Londrina – UEL portray labor academic of undergraduate, graduate, researchers and teachers at the national level.


The diversity of legal topics covered and the relevance they have in contemporaneity reflect the importance of scientific research within the Right, for promoting critical thinking and providing the exchange of knowledge among researchers, in addition to presenting the studies developed to society, collaborating, finally, with the process of adaptation of the Law to social reality in which it is inserted.


The holding of the Inter-institutional Master’s in Law Seminar in the State University of Londrina – UEL in partnership with the Master in Law Business and collaboration of graduate and undergraduate courses in Law denotes the purpose of integration between the different academic levels. The commitment to continue this event, for having reached the satisfaction of the participants, who were able to exchange experiences during the exhibitions of their work, which certainly expands the possibilities of knowledge.


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