Integridade do sistema de registro de imóveis brasileiro

Abstract

The dissertation presentation aims to defend the integrity of the registration system mmobile, with autonomy, cohesion and coherence, able to generate their own answers to the most varied situations that are presented to you every day. To do so, we use techniques that inherent to the discipline of constitutional law, notably constitutional jurisdiction, such as balancing in case of conflict between principles, techniques for distinguishing and vercoming In jurisprudence, there was a distinction between text and norm, among others. The development of the work is divided into four chapters, the first addresses the constitutional principles of the right to property and the right to legal security, as well as some foundations complementary, such as the idea of ​​integrity of a system and the Theory of Dialogues Institutional. In the second chapter, without wanting to enter the scope of comparative law, there are briefly addressed the property registration systems that are most cited by the doctrine, with the aim of identifying the system adopted by Brazil. The third chapter dedicates to the evolution history of the Brazilian registration system, its current characteristics, legal exceptions and, also, the that makes up due diligence in the current system. Finally, in the fourth chapter, we address some exceptions not yet satisfactorily resolved by the Brazilian registration system, such as the case of usucapion, the sale to non domino and the problem of decoupling that exists between judicial precedent and the statement of jurisprudence.