Abstract
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.
Highlights
The daily life of people with special needs is complex, considering their limitations and the lack of preparation of society to receive them, both in relation to the infrastructure and mentality of individuals, they end up being socially excluded, activities such as having fun, studying and going to work, which are simple and routine tasks become a challenge to be faced.As Carlos Henrique Ribeiro da Silva (2008) highlights, the lack of tolerance between the different, throughout history, caused minorities to always be treated relatively aggressively and confusedly, labeling, segregating, discriminating and excluding those who deviated from the standard, which is formed from a hegemonic model
As previously stated, the present study aims to analyze the conflict between the priority care of the status of people with disabilities and the principle of priority registration of real estate
It was found that in the view of the registered courts, the specific provision of Law No 6,015/1973 prevails in relation to the right of priority care of certain audiences, since it deals with a material right of priority, being understood that granting priority care outside the requirements of Art. 186 of Law No 6,015/1973, would represent undeniable recognition of extralegal cause, which would compromise the service to the right to equality, a premise of the Statute of the Person with Disabilities
Summary
The daily life of people with special needs is complex, considering their limitations and the lack of preparation of society to receive them, both in relation to the infrastructure and mentality of individuals, they end up being socially excluded, activities such as having fun, studying and going to work, which are simple and routine tasks become a challenge to be faced. The activities carried out under notarial law and registration scans should be seen in their social relevance, as Ceneviva (2008) points out, their importance is due to the scope of the acts, which involves from birth to death, recording and giving publicity to all legal acts performed by citizens during their lives, such as marriage, divorce, sharing, inventories, purchase and sale contracts, among others, regularizing all actions performed These are activities directly related to the daily lives of individuals. It was taken as a basis what other authors wrote, being able to understand different points of view on the subject, directing the study in the best way to make the research reliable In this context, as previously stated, the present study aims to analyze the conflict between the priority care of the status of people with disabilities and the principle of priority registration of real estate
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