Detalhes bibliográficos
| Ano de defesa: |
2017 |
| Autor(a) principal: |
Browne, Ana Paula Goyos
 |
| Orientador(a): |
Saule Júnior, Nelson |
| 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/19697
|
Resumo: |
The present work deals with the division of urban areas under the condominium regime of lots, appreciating them from the perspective of Urban Law. Firstly, we find that lots condominiums are a form of urban expansion that is not appreciated by the law of land subdivision, Law 6.766/ 79 and, neither, by the condominiums law in buildings, Law 4.591/ 64. It is a hybrid modality that involves both public and private interests, and affects both private law and public law. This is private law with regard to the right to property, and its developments, regulated in particular by civil law. Nevertheless, it is an institute of public law, since it impacts on the urban space that is studied mainly by the urban law, but also by other branches of law such as administrative law and environmental law. The characteristics of the condominiums and the modalities of urban land subdivision were studied, highlighting the similarities and differences of these developments and pointing out that the condominiums of lots do not fit into any modality and require their own regulation. We emphasize the importance of the role played by municipalities in the regulation of urban space and the normative function of the State Courts of Justice, so that the implementation of lots condominiums is carried out in a controlled manner, with requirements and approvals that attenuate the impacts of Segregation in the right to the city. It was necessary to analyze other modalities of closed residential projects to differentiate and understand the legal discipline of lots condominiums. Finally, we have seen that the validity and application of constitutional and legal provisions permit the regularity of the condominiums of lots, in accordance with the established municipal norms, with the regulation of the General Office of Justice and with the premises of Urban Law |
