Legitimation of ownership as an instrument for the implementation of the right of housing

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Maria Izabel Costa Lacerda

Abstract

This article aims to analyze the legitimization of possession as an instrument for the implementation of the right of housing, a fundamental guarantee provided for in the Federal Constitution of 1988. From this perspective, especially with the provisions brought by Law No. 13,465, of July 11, 2017, which introduced significant changes regarding land regularization, it became possible to regularize irregularly occupied properties through the legitimization of possession. All of this with a view to providing legal security to the occupants, granting them a title of possession recognized by the State and preventing their arbitrary removal from the location. Thus, in the context of the right to housing, the legitimization of possession assumes a relevant role for its realization, since it allows the permanence of those individuals who already use a property as a residence, as well as contributing to the implementation of the constitutional principles of human dignity (art. 1, III of the CR/88) and the social function of property (art. 5, XXIII of the CR/88). Finally, bibliographical methodologies were used, in addition to the hypothetical-deductive method

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How to Cite
COSTA LACERDA, Maria Izabel. Legitimation of ownership as an instrument for the implementation of the right of housing. Revista de Direito Urbanístico, Cidade e Alteridade, Florianopolis, Brasil, v. 10, n. 2, 2025. DOI: 10.26668/IndexLawJournals/2525-989X/2024.v10i2.10831. Disponível em: https://indexlaw.org/index.php/revistaDireitoUrbanistico/article/view/10831. Acesso em: 5 apr. 2025.
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