Right to housing and accession: A dialogue through the lens of family law – critical analysis of the Resp. 1.624.051/RJ

Authors

Abstract

This jurisprudence commentary aims to perform a critical analysis of the REsp. no. 1.624.051/RJ, regarding the regime applicable to the sharing of the construction built by a couple on a third party's property, often being the third party a family member of one of the spouses or partners, who allows the construction based on family solidarity. The understanding of the REsp in question, which continues to guide the treatment of the issue by national courts, treats this case as the acquisition of real estate property through accession, requiring the mandatory participation of the land owner in the legal action. Contrary to what was decided by the STJ, is defended the thesis that the issue should be resolved exclusively within the scope of the broken family nucleus, protecting the right to housing and valuing the Family Law principles. The sharing must be based on the economic expression of ownership, considering the conflict – right to compensation – within the strict scope of the broken family, without the inclusion of the land owners.

Author Biographies

Francisco Ricardo Sales Costa , TJMG - UNIFRAN

Juiz Convocado do Tribunal de Justiça de Minas Gerais (TJMG), com atuação junto às Câmaras Cíveis Especializadas – Famílias e Sucessões. Mestre em Direito pela Universidade de Franca (Unifran).  

Roberto Túlio Mello Jorge

Bacharel em Direito. Assessor Judiciário no Tribunal de Justiça do Estado de Minas Gerais.  

Published

2025-04-03

How to Cite

Sales Costa , F. R., & Mello Jorge , R. T. (2025). Right to housing and accession: A dialogue through the lens of family law – critical analysis of the Resp. 1.624.051/RJ. Revista Brasileira De Direito Civil, 33(4), 193–223. Retrieved from https://rbdcivil.ibdcivil.org.br/rbdc/article/view/1066

Issue

Section

Jurisprudência Comentada