The addition on the rise: the slab real right

Abstract

The slab real right, since its prediction in the former Provisory Measure 759/2016, presented some vices that even after the approval of law 13.465/2017, remained. The positivization arose in order to regularize the popular “additions”, transforming them into a new type of real law. Despite the innovation, the legal mechanism presents singularities, which are the reasons for the present study. Therefore, it aims to demonstrate the main debatable points related to the slab real right, such as, for example, the gaps present in the legal system when addressing this theme, as well as to disclose the innovative aspects, in addition to exposing its practical effect. The deductive methodology was chosen in order to score the perception of the doctrine, as well as of the scholars of the theme, in the absence of concrete data on the subject. Despite the innovation created, the main results found are the perceived flaws of the legislator in the new provision, still needing adjustments, because the subject remains controversial, despite removing countless properties in Brazil from irregularity, however contradictory it may seem. An example is art. 1.510-B of the Civil Code, where in its text it presents the expressions "architectural line" and "aesthetic arrangement", which is difficult to visualize in this type of construction. Thus, the result of the study demonstrated that, despite the failures of the legislator, there is a great advance: the slab real right is able to give legitimacy to the subjects of this factual situation. Consequently, there is a need for real studies on this topic, still unpublished in the country.