A PROPRIEDADE IMOBILIÁRIA PRIVADA E OS DESAFIOS DOS PAÍSES LUSÓFONOS, ESPECIALMENTE PORTUGAL, BRASIL, CABO-VERDE, ANGOLA E MOÇAMBIQUE, ASPECTOS LEGAIS E SOCIAIS NA APLICABILIDADE DAS NORMAS CONSTITUCIONAIS AO DIREITO DA PROPRIEDADE

PRIVATE REAL ESTATE AND THE CHALLENGES OF LUSOPHONE COUNTRIES, ESPECIALLY PORTUGAL, BRAZIL, CAPE VERDE, ANGOLA AND MOZAMBIQUE, LEGAL AND SOCIAL ASPECTS IN THE APPLICABILITY FEDERAL CONSTITUTION NORMS TO PROPERTY RIGHTS

Abstract

Abstract: This study aims to discuss private real estate property and the challenges of urban planning in Portuguese speaking countries and the mutual contributions before the internal reality of each Democratic State of Law. With this
social reflection in mind, viable alternatives were perceived to the legal community based on the comparison between the Brazilian favelas, the Portuguese social quarters, and slums, as well as the Cape Verdian, Angolan and Mozambican dwellings, whose range of problems found are effectively similar. Analyzing the territorial and real-estate formation of Brazil, as a
Portuguese colony, until the transition from the slavery period and public realestate property to the exploitation of private real-estate property, we will see years later the creation of Brazilian favelas, the form of organization of those dwellings
and the absence of public power in the recognition of those private real-estate properties. As a result, the challenges of urban planning and the effective application of private real estate law in Lusophone countries are similar, with the ultimate goal of ensuring the proper application of the principle of equality and human dignity as the legal foundation of fundamental rights, especially in this time of pandemic and social isolation. The research has a qualitative approach, exploratory method, and literature review.
Keywords: Private real estate. Urban planning. Lusophone countries. Slums and Neighborhoods.