Banca de DEFESA: JOAO VICTOR DE HOLLANDA DIOGENES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : JOAO VICTOR DE HOLLANDA DIOGENES
DATE: 15/12/2021
TIME: 16:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

ACCESS TO HOUSING IN REAL ESTATE CONTRACTS:
consumer protection microsystem and the effects of contractual
resolution.

KEY WORDS:

Right to housing. Property. Real estate contracts. Consumer protection.

PAGES: 134
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The post-1988 Brazilian normative experience
demonstrates that the express cataloging of social rights in the
Constitution of the Federative Republic of Brazil is still insufficient to
guarantee the realization of the basic conditions for a dignified life for all
citizens, largely frustrating the constituent commitment signed by the text
promulgated on October 5, 1988 and reinforced by the one hundred and
eleven Constitutional Amendments and six Constitutional Revision

Amendments to date. In this context, the social right to housing, included
in article 6, based on the wording given by Constitutional Amendment nº
26/2000, is a clear example of the insufficiency of public policies and the
infra-constitutional normative framework in allowing the recipients of the
state obligation to be , in real and concrete terms, adequately benefited,
which is revealed in the face of the existence of a housing deficit and of a
precarious scenario of urban housing, acting as an obstacle to the
protection of human dignity, one of the foundations of the Republic. In
this context, the real estate activity developed by the private sector, with
encouragement and promotion of housing programs and regulated by the
legislation of federal entities, is an essential element to reduce the
housing problem in the country, allowing not only the increase in stocks
of residential units , as well as the improvement of existing housing,
especially in urban densifications, which, in addition to raising the quality
of life in cities, allows for the optimization of urban land occupation based
on adequate and consistent planning by the municipalities. Indeed, real
estate contracts involving purchasers who seek access to housing, from
the perspective of protection of the Consumer Defense Code, are the
object of inquiry in this dissertation, verifying the effects of the wrongful
resolution of real estate legal transactions and the consequent frustration
of its primary objective of facilitating the realization of the constitutional
right to housing. It analyzes the understanding of Precedent nº 543 of the
Superior Court of Justice and its effects on the execution of contracts
involving purchasers-consumers in search of access to housing through
the acquisition of property, all considering the theories of horizontality of
the effectiveness of fundamental rights in relationship between
individuals.

BANKING MEMBERS:
Presidente - 1544661 - GLEYDSON KLEBER LOPES DE OLIVEIRA
Interno - 1675264 - RICARDO TINOCO DE GOES
Interna - 1657901 - YARA MARIA PEREIRA GURGEL
Externo à Instituição - PAULO LOPO SARAIVA - MaterChrist