Regularization slum areas under the prism of the social function of property and possession

• Grant number: 11/22101-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: April 01, 2012
• End date: March 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Luciano de Camargo Penteado
• Grantee: Gustavo Campoli Machado
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

This research project aims to study the legal mechanisms concerned by the City Statute - Law No. 10.257/01 and related legislation, regarding the regularization of slum areas in cities with high rates of urbanization. Among the various instruments that can be used as a way to resolve, or at least alleviate the housing crisis in huge cities since the 80s, the project focuses on the collective adverse possession, the special concession for housing purposes and the granting of real right of use. Mainly, the first will be used in cases where possession is located on private land. It also will study the figures of the legitimacy of possession and administrative adversus possession, created by the Act that established the program My House, My Life. In the case of areas of government, will proceed to the analysis of the two instruments mentioned above. So, if it is need to qualify these institutes, pointing out the purposes of this concept in practice, and what its implications within the legal universe. The analysis will be focused on the social function of possession and property, which correlate with the National Housing Law - Law no. 11.888/08 and the Statute of the City. Always have the backdrop of the CC, specially the art. 1228 § 1 of the CC and art. 5o., XXIII, apart from other relevant provisions. (AU)