(Ir) regularidade de imóveis urbanos: o caso da enfiteuse de Alexandria- RN.

Abstract

The right to property is linked to several other rights, such as housing and the dignity of the human species, among others, and often the legalism imposed on property ends up encircling them. There is a clear split between fact and rule in the right to property, with the proprietary relationship in real life, guided by trust between the parties, as opposed to the formalities imposed by the world of laws. That said, the present work seeks to answer the following question: Does the taxativeness of the rules really cover all aspects of the property? In order to answer the question, the emphyteusis can be cited as an endangered legal institute in the legal system and its effectiveness in the world of facts. part of the properties are irregular according to the law but the consensual relationship between landlord and foreiros means that there is comfort within this informality, evidenced by the absence of conflicts. With the study carried out, it proposes formalization instruments for the city's emphyteuses. The work used the hypothetical-deductive method, through a qualitative approach. This is a case study where the procedure adopted was research in the field of study with the competent bodies and the population, bibliographic and documentary research, with a theoretical framework laid down in national legislation, books, articles and maps, and direct contact with foreiros. It can be concluded with the study that the right of property goes beyond the legalism imposed by the law.