Open AccessPriority care with the statute of the person with a disability and the principle of priority in real estate registration
Author(s) -
Alexandre Moura Lima Neto,
Alessandra Anchieta Moreira Lima de Aguair,
Haroldo Corrêa Cavalcanti Neto
Publication year - 2021
Publication title -
núcleo do conhecimento
Language(s) - English
Resource type - Journals
ISSN - 2448-0959
DOI - 10.32749/nucleodoconhecimento.com.br/law/priority-care
Subject(s) - statute , compromise , relation (database) , subject (documents) , estate , real estate , law , political science , estate planning , business , computer science , database , library science
The present study aims to analyze the apparent conflict between the priority care of the status of the person with disabilities and the principle of priority of the registration of real estate, that is, if this legal guarantee, gives the person with disabilities priority when noting rights in Notatories. With regard to the methodology used, it is noteworthy that, regarding the purposes of this study, this study is classified as descriptive and explanatory and, as for the means, it is classified as bibliographic, using materials such as books, articles, magazines and reports on the subject. The research is also characterized as a qualitative approach. It was intended to demonstrate that the person with disabilities has the right guaranteed under Law 13.143/2015 to be served quickly, effectively and individually, including in Real Estate Records Registry, but does not enjoy privileges in view of the registral priority in view of the principle of registration priority. From decisions taken by the registered courts of São Paulo, as a result, it is found that the specific provision of Law No. 6,015/1973 prevails in relation to the right of priority care of certain publics, Law 13,143/2015, since it is a material right of priority, and it is understood that granting priority care outside the requirements of art. 186 of Law No. 6,015/1973, is understood to grant priority care outside the requirements of Art. 186 of Law No. 6,015/1973, would represent undeniable affront to legal dictates, which would compromise the service of the right to equality, a premise also of the Statute of persons with disabilities.