Abstract

The study about absentee ownership, specifically about its impacts caused, as well the probable causes about this phenomenon represent a direct relation with human rights, especially those who protect the phenomenon of social inequality which will be the object of this scientific article. Thus, aimed to analyze a possible origin of the absentee ownership in context of human development with the nomadic lifestyle, characterized by the absence of fixed dwelling and a constant process of migration to another regions. Thereat and using the contemporary context as parameter, it was studied on legal texts aiming establish the nomenclatures adopted, as well to understand their insertion in the social environment, specifically in São Paulo and Rio de Janeiro using as a focus the right to housing as fundamental and inherent in the condition of the human person. Therefore, used as a methodology the bibliographical, documental and legislative reviews about the topic, concomitant with the empirical method that served to analyze the situation of the properties. In this way, observed along with the data released by the 2010 Census, over 200 thousand in the number of abandoned properties in relation to the Brazilian housing deficit. Therefore, some initial theses served as a parameter to guide the study on the owner's inertia, ranging from waiting for the property to appreciate to the migration of a portion of the population to neighboring regions, as they cannot afford the high cost of the central region of the city, which can justify the object-problem of the work.

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