THE REAL SLAB LAW AS AN INSTRUMENT OF URBAN LAND REGULATION

Abstract

This article deals with the issue of slab law as an instrument of urban land regulation. Its study is justified by the need to promote the expansion of knowledge about this controversial and current theme, in order to clarify and resolve possible misunderstandings in the application and interpretation of the novel institute. The general objective is to study the legal nature of the real slab right, introduced in the Civil Code by Law 13,465 / 2017. As specific objectives, it has been sought to present the doctrinal concepts of the real right of slab, to describe its species and subjects, to analyze its legal nature, to distinguish it from other real rights, to approach its forms of constitution and extinction, as well as to emphasize the importance of law as an instrument of urban land use regulation in Brazil. It is a bibliographical research with method of deductive approach under analysis of constitutional and infraconstitutional legislation. The Civil Code, Provisional Measure N. 759/2016 and Law N. 13.465 / 2017 are used as reference. It is concluded that the real right of slab is an autonomous real right over the proper thing that characterizes an extension of the right of property, having as main purpose the legal regulation of the overlapping constructions known as "puxadinhos".