Abstract
The widest of the institutes of secondary real law, the emphyteusis, fits comfortably into a list of ownership capable of extending access to urban land, as well as promoting housing security, due to the large extension of property rights available to the emphyteusis. In addition, it brings the legal duty to build and improve the property, which can serve as an efficient tool for urban management as long as its characteristics of flexibility, justice and functionality. In this scenario, the development of this institute, together with the urban planning, is a primordial factor to minimize the exclusive, exclusive and absolute perspective of the property and to favor the promotion of public policies of access to land. Thus, the present work aims to understand how urban planning, structured under the development of secondary real rights, can contribute to democratizing urban space. To this end, the deductive method and bibliographic-documentary research were applied as methodological procedures. The main result indicates that liberal politics does not admit a greater development of secondary real rights, structuring urban planning, because such an arrangement is more connected to a social/functional dimension of the city and goes against what the capital needs to maintain in order to justify and legitimize its symbolic and factual violence of exploitation.
Keywords:
Real rights; Public policy; Urban Planning