Banca de DEFESA: FELIPE DE ALBUQUERQUE RODRIGUES PEREIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : FELIPE DE ALBUQUERQUE RODRIGUES PEREIRA
DATA : 29/12/2017
HORA: 11:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE FAMILY USUCAPTION AS A MEANS CONCEPTING OF THE FUNDAMENTAL SOCIAL RIGHT  TO THE HOME 

PALAVRAS-CHAVES:

Fundamental rights; Home; Access to the property; Usucaption family.  

 

PÁGINAS: 107
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

This dissertation is to demonstrate, through a doctrinal and jurisprudential analysis, from a constitutional perspective, that the so-called family usucaption, introduced in the order with the entry into force of Law no. 12,424 of June 16, 2011, which the article 1.240-A in the Civil Code, consists of an instrument of implementation of the fundamental social right of housing, in order to fulfill the constitutional basis of ensuring the dignity of the human person. In this way, this work starts with the analysis of fundamental rights, presenting its development, identification criteria based on the constitutionalization of those,  as well as its characteristics and classification. It elucidates its effectiveness of those rights in order to demonstrate its scope not only over the whole normative system, but also as self-actualizing as a result of its effectiveness provided for in the constitutional text. Continuing, it discusses the fundamental social rights, as a result of a paradigm shift that consists in overcoming individualism for collective well-being. It explores the existence of an essential nucleus of social rights, indispensable for the fulfillment of the constitutional foundation established by the constituent. It deals with the notion of property, demonstrating the influence of the constitutional norm for its comprehension, in the face of the overcoming of classical thinking, which leads to a repersonalization of the institutes of civil right, regarding the need to attend to the social interest in order to guarantee protection to its individual spectrum, insofar as the social function becomes an internal element for its understanding. Finally, specific attention is given to the fundamental social right to housing, presenting its content and scope, considering its own aspects for a better understanding. Evidence its international approach, which instigated internal ordering for its recognition and implementation, in especially in the face of the need for public policies, which leads the legislator to seek means for their realization. Between them is presented the family usucapition, whose incidence is from the non-observance of the full exercise of property rights, the right of access to property to the one who observes it, as well as emphasizing the relationship with the new understanding of family law. For this, the hypothetical-deductive method is used, based on documental and bibliographical analysis, study of the existing theories, as well as of the normative production, in order to demonstrate that the family  usucaption was received by the ordering. Therefore, it constitutes  in means to realize the right fundamental to housing, through a new understanding of the right to property, based on one of the constitutional foundations that govern the Federative Republic of Brazil, consisting of the dignity of the human person.

 

 

MEMBROS DA BANCA:
Presidente - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externo à Instituição - LEONARDO OLIVEIRA FREIRE - F.M.Nassau
Interno - 1753603 - PATRICIA BORBA VILAR GUIMARAES