REAL ESTATE REGISTRATION IN BRAZIL: ORIGIN, EVOLUTION AND PRINCIPLES

Abstract

The present work proposes to analyze the origin, evolution and principles applicable to the real estate registration system in Brazil. The research will have as its starting point the year 1843, the date of enactment of the Budget Law that dealt with the registration of mortgages and originated the current system. Other important dates will be the object of study, as they are essential for understanding the evolution of the system, such as 1864 (Law 1,237), 1916 (Civil Code), 1939 (Decree 4,857), 1973 (Law 6,015) and 2015 (Law 13,097). The fundamental aspects that concern the basic principles that guide the system will also be worked on. To this end, the principles called publicity, authenticity, safety, efficacy, obligation, territoriality, continuity, specialty, priority, typicality and concentration will be analyzed. Doctrinal and legislative research will be carried out in order to examine and understand the origin, evolution and principiology linked to the real estate registration system in Brazil.