Direito à indenização por benfeitoria necessária em imóvel urbano.

Abstract

The objective of this work is to discuss the Right to Indemnity, whenever the necessary improvement in urban property is made. And that is to elucidate the confrontation of interests arising from the locatícia relationship seeking to legally detail the right that is incumbent on each lessor and tenant contractor. A problematic problem that expresses a blurred Brazilian reality due to the socioeconomic friction of the lease where the lessor is part, since, using legal bias to safeguard its own benefits, while on the other side is the lessee, who submits to an adhesion contract, Of the obligations assumed, even renouncing part of its Law, such as indemnification and withholding. A thematic approach quite relevant to the social field and when of the contours proposed by the Summary 335 STJ according to art. 35, of Law No. 8,245 / 91 (Tenancy Law) that validate clauses of Waiver in the Rental Agreement. To do so, it adopts the method of deductive approach, the method of comparative historical procedure and as research technique indirect documentation, through bibliographical research, analysis of doctrine, jurisprudential decisions and the study of all regulations on the subject. In spite of a whole discussion about improvements in urban real estate, the summary positioning consolidates an arduous financial reality for the tenant who carries them out at a high cost. For this reason, the existence of a strong legal and doctrinal contrast was evidenced in such research To waiver clauses in the lease. It remains to pursue the social function, probity and good faith in contracts respecting private autonomy so that it does not infringe the interest of society, knowing that the latter must prevail.