Decision-making criteria in neighbor Law

• Grant number: 12/09242-4
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: August 01, 2012
• End date: July 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Alessandro Hirata
• Grantee: Leonardo Peixoto Barbosa
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The Property Right is very relevant in the Brazilian Law system, fact which can be seen both in the Federal Constitution of Brazil and in the economic and social importance of that right. However, the faculties given by the property right are not unlimited, mainly when taken into account the fact that the mutual living between the human being owners of properties does not allow the unlimited and arbitrary use of the cited right. Thus, among all the existing compressions to the Property Right, emerge the Neighbor Law, which follows the specificities stated in the Brazilian Civil Code of 2002 (articles 1.277 to 1.313) and in others specific laws. The matter on defining decision-making criteria related to the Neighbor Law has great importance when it is seen that the neighbor law still lacks sufficient criteria to guide decisions in Courts despite of all rich legal regulation and theoretical formulations in the subject. Therefore the overall view of how the Jurisdictional Power - mainly the Brazilian - handles the subject in terms of decision-making seems to be fundamental. In this sense, the following project is relevant on dealing with those compressions to the Property Right, having as main goal the study of the decision-making criteria related to the neighbor relations. The study has as methodological ground the comparative law, which will be centered in bibliographical search and case-law sources. It aims to list decision-making criteria in Neighbor Law under both the qualitative and quantitative perspective and, eventually, if any insufficiency is found, to developed new criteria which equalize the gaps pointed in the research.(AU)