Lei de parcelamento do solo urbano: aspectos reais e obrigacionais

Abstract

As a result of the increasing migration from the rural area to the urban centers, especially after the industrialization period occurred during the thirties, a new type of sale emerged: alienation of land installments. The lack of regularization lead to abusive agreements, which lead to the editing of decreto-lei 58/37, which established civil rules regarding the allotments. Nevertheless, in end of the seventies, it was noticed that the decreto-lei 58/37 was not effective enough for the number ofillegal allotments grew without any infra structure. Therefore, a new law was edited, law 6.766/79 which established civil, urban, criminal and public aspects of land allotments. As of the concept of allotment it is analyzed the cases in which the land allotment legislation is applied. The law 6.766/79 brought great innovations in the field of contractual and in rem rights. In the contractual area it IDadevoid any regret c1ause, that is - a buyer holding any kind of document could demand the execution of the Sale Agreement. In case the other partyrefuses to sign the agreement, a non definite document wilI be registered, and wilI have its c1auses substituted by the c1auses established by artic1e 26 ofthe law 6.766/79. With respect to the in rem rights, the law determined that Purchase and Sale Agreements, as welI as Assignrnent Agreement, once registered, are considered in rem rights erga omnes. The law 9.785 brought great innovations to the law 6.766/79, especialIy, it alIowed the expropriation processes in which the expropriator was vested in possession that such possession be object of registration before the competent real estate registry office, thus, anticipating alI effects of property. As regards the civil liability of alIotments, the strict liability shalI be applied either due to the provisions of the Consumer Protection Code or as a result of the provisions of the 2002 Civil Code. 10 Moreover, it is studied the social efficiency of the law, in other words, the law 6.766/79 accomplished its objective of protecting the land buyers and the unordered growth of the cities? Through a research conducted at the City of São Paulo, it was initially noted that it did not completely, since approximately one fifth of the territory is occupied by illegal allotments. Nevertheless, the alterations introduced by law 9.785/99, which reduced the guidelines to areas lmown as Special Social Interest Areas, became a great allied in the process of the regularization of illegal allotments, along with the Estatuto da Cidade, which demonstrates that the Brazilian legislation is in the right direction. At last, a suggestion of an amendment to the law 6.966/79 is IDade in arder to accelerate the procedures for land registration through the presentation of a document that demonstrates the payment of the price