Urban private property functionalized by the right to adequate housing: instruments within the brazilian civil code and the city statute that permit the coexistence of these rights

Abstract

This research synthetically analyzes the right to urban property, which is an extension of the right to adequate housing, and shows the coexistence of the institutes of ownership legitimation and the functional use of property. Furthermore, both are regulated in the City Statute and in the Brazilian Civil Code; however, this paper specifies the urban adverse possession and the right to surface territory. In addition, this study uses the deductive and the bibliographic method, with monographic literature search. In conclusion, in the Brazilian legal system, it is only possible to admit functionalized property rights.