Averbação registral de construções residenciais com isenção do habite-se

Abstract

The present work investigates the registration of residential buildings with exemption from “habite-se”, a flexibility that has been legally accepted as a way of reducing bureaucracy when registering buildings with the Property Registries, enabling the regularization of a property’s registry. This measure is part of a conjuncture of searches for solutions, promoted by the Government, to the irregularities that stain the properties in the country, from the parceling of the soil, to the structure of the buildings. The promotion of properties regularization has intensified since the 2000s, reflecting the broad context of irregularities that plagues Brazil, and has different motivations, the main ones being the attempt to guarantee the fundamental right to decent housing, and to increase the economic flow. It is analyzed, however, if this debureaucratization, in the specific hypotheses studied, is in fact effective and beneficial, or if it is configured, in truth, as a condescension to the absence of the Public Power in the fulfillment of its role of building control, through regularization at any cost and which does not address important issues, such as housing security, which is usually attested by the “habite-se”.