As consequências jurídicas decorrentes do contrato de gaveta no âmbito do programa minha casa minha vida (PMCMV): um estudo de caso do bairro nova Ceará-Mirim (Ceará-Mirim/RN)

Abstract

The research was based on the deductive method, with an explanatory character, in order to understand and analyze the legal consequences arising from the absence of real estate registration within the scope of the "Minha Casa Minha Vida" (My House My Life) Program (PMCMV) in the face of the prohibition clause on commercialization during the financing period, focusing on a case study. The location for the study was chosen because it predominantly consists of housing units from the PMCMV. Law No. 11,977/2009 imposes a legal prohibition on the sale of the property during a period of ten years; however, according to a previously conducted study, the informal commercialization of these properties occurs in the factual world, even in the neighborhood that was the subject of the study. After a literature review and analysis of the specific case, it was found that this practice leads to various legal consequences since, in light of the contractual prohibition, it is not possible to carry out real estate registration in the extrajudicial registry. As a result, the consequences particularly impact the legal uncertainty arising from the absence of real estate registration, extending to divorce, inheritance, difficulties in proving ownership, and lack of publicity. Thus, it was possible to conclude that these negative elements arise from a state omission, opening the door to future disputes. In addition to removing one of the main attributes of housing, which is its commercial nature, the state entity is negligent in supervising the regularity of records regarding the conditions it imposes in the implementation of public policy, contributing to informality.