ABSTRACT
The aim of this article is to analyze the appropriation of abandoned properties according to social function of urban property and the destination of these properties for public or social interest, on the terms set out in article 1,276 of the Civil Code and its incorporation as a planning tool in the Urban Master Plans. Based on qualitative and quantitative research and a dialectical-deductive approach method, official data of housing déficit and abandoned properties in Brazil and the existence of their own instrument and procedure in the Urban Master Plans of Brazilian capitals. As a result, only the capitals São Paulo/SP and Vitória/ES had their own instrument, legitimizing the municipal government to appropriate these properties. It is concluded that the appropriation of abandoned properties can increase efficiency in the use of public resources with social housing, social rent, real estate for the provision of public services and as a preferred instrument for the preemption right in properties with historical value, it is expected that in the revisions of the municipal Master Plans the instrument will be incorporated, due to the publication of Federal Law nº 13.465/2017.
Keywords:
Abandoned properties; Social function of property; Housing déficit; Vacant assets; Use of public resources