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THE SOCIAL FUNCTION OF THE REAL ESTATE REGISTER IN EFFECTIVENESS, WHEN LAND REGULATION, ACCESS TO FORMAL HOUSING AND, CONSEQUENTLY, HUMAN DIGNITY

ABSTRACT

The real estate registrar is an operator of the Law, guided by the prudential duty, which promotes the important task of proceeding with the custody of the public collection of real estate records, the publicity of the data contained in the royal folio and acts as a guarantor of legal security for all users of the real estate registry services, observing the fulfillment of legal requirements, conferring, through the registration of the title, in the real folio, the real estate property, thus contributing to the maintenance of social peace. One of the most important activities assigned to the Real Estate Registrar is land regularization, determined by Federal Law 13,465/2017, regulated by Decree 9,310/18. Thus, it is intended to answer, through the present text, if: the procedures for effecting land regularization, in the fulfillment of the social function, by the registrar, is a way of realizing the fundamental right to housing and, as a consequence, of human dignity? Through the hypothetical-deductive method and bibliographic and legislative research, it can be concluded that the Real Estate Registrar has a relevant role, when carrying out land title regularization, especially in areas of consolidated and informal irregular occupation, exercising a true social function, by realizing the fundamental right to housing and, as a result, to human dignity itself, the main principle of the Brazilian Constitution.

KEYWORDS:
Human dignity; Fundamental Right to Housing; Social role; Real Estate Registrar; Land regularization

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