Loteamentos fechados: condomínios fictícios

• Ano de defesa: 2011
• Autor(a) principal: Blanco, Gabriel Ismael Folgado
• Orientador(a): Saule Junior, Nelson
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Direito urbanístico; Loteamento fechado; Condomínio fechado; Competência federativa; Parcelamento do solo
• Palavras-chave em Inglês: Urban Law; Gated development; Gated community; Federative jurisdiction; Land subdivision process
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/5711

The intention of this task is to face, under the focus of de Urban Law, the practice of the property market in promoting an undertaking residential model relatively recent, that is called by several names, been however, more well-known by closed division of land into lots or closed condominiums . For that it is necessary to transit through the fields of Constitutionalist Law, Administrative Law , Civil Law, as well as the support in others fields like Urbanization and Sociology, in order to understand at minimum the urban designer and the causes that make the success of the property undertaking market that, till now ,doesn t have its legal bases properly established. The challenge that goes through the whole task is the definition of the competences between the states of the federation in order do define precisely the each one s field in the area of Urban Law, especially in relation to the parcelling out of the soil. A permanent preoccupation was to make an approach that demonstrated the effects of these divisions of land into lots models, physically isolated, under the point of view of the urban planning, the territory organization and its consequences in relation to the human being fundamental rights and its correlation with the right of the city, approaching at the same time the effects concerning to the legal security. The task tried to put in evidence some aspects of this kind of urban intervention, under the point of view of the cities s social environmental upheld development, that hasn t got from the Judiciary the due attention, which has concentrated itself in the personal relationships aspects concerning to the payment of the condominium taxes or the undertakings residents s security. The task s audacious pretension is that the showed arguments contribute to an overture of a bigger reflection concerning to the regulation about this kind of urban solution that still doesn t have a definite legal structure