O direito de superfície no Código Civil e no Estatuto da Cidade

Abstract

With the reintroduction of the surface on the Brazilian Juridical Law, by the City Law and Civil Code, it s available an important instrument of the Urbanity Politic, however, full of Real Law, affirming its autonomy with regard to the others laws. The double legislation which exist about the Surface Law (Civil Code and City Law) on the contrary than imagine, will not convert into a juridical rule contradiction, in a degree that both can cohabit in a perfect harmony, because they regulate various fatidic situation, but, they should be applied which one in its time and way.

The surface may to consist of an influential instrument to attenuate the residence economic depression existent, in a long time, in our country. It s very ample its field of activity. The institute s adoption by our Law, will involve, undoubtedly, in an enormous incentive to the Civil Construction, to the creation of new employment and to the tourism, yonder influencing the cities increase and development, as well as if establish into a conduct able to appease the agrarian conflicts.

It s true, that the fact of the institute s regulation in Brazil had not been similar to that realized in Portugal and in Italy (ius in re propria), that s to say, the bipartite of the propriety on soil and surface, may implicate in a reach s reduction which could benefit, meanwhile, we participate on the opinion that the reintroduction of the Law Surface on the Juridical Law comes in a right time, and sooner or later will cause the eligible effects, thus, the Law Professionals should give the first steps, viewing a better institute s diffusion together with the society at all, changing the idea that the propriety doesn t admit bipartite, and encouraging the institute s application on rural and urbanity matters.