Detalhes bibliográficos
| Ano de defesa: |
2017 |
| Autor(a) principal: |
Aidar, Gabriela Braz |
| Orientador(a): |
Di Sarno, Daniela Campos Libório |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/19841
|
Resumo: |
One of the big discussions not unanimously resolved yet in relation to the administrative requirements of building licenses relates to the time the right to build according to the project filed enters the group of subjective rights of the owners and can no longer be removed by supervening law without prior and fair indemnification. The only unanimous understanding on the matter relates to the possibility that the new law expressly regulates the topic. However, whenever the law is silent, the opinion of jurists and the case law are not unanimous with respect to the time such right arises: if upon submission of the construction project to the Municipality; upon its final approval; or, furthermore, upon actual commencement of the works. This work analyses this difficult question, trying to show that, excluding some exceptions that will be explicitly mentioned, the landowner has the right to execute its construction according to the applicable law at the time of filing of the request for construction license, both in the situations in which it was regularly issued and when the previous law was still in effect or, furthermore, in those cases in which the term for analysis of the administrative requirement elapses before the amendment to the law and, also, in those events in which the request is regularly presented pursuant to the law in effect at the time, jointly with the applicable evidence and in full compliance with the statutory requirements. We try to show that the acknowledgment of such right does not result from the mere balancing of constitutional principles, including the principle of isonomy, legal certainty and vested right, but rather from the specific legal system of the construction licenses, according to the Brazilian law |
