AÇÃO DE NUNCIAÇÃO DE OBRA NOVA

Abstract

The purpose of this study is an in-depth knowledge of the action of the proclamation of a new work, which aims to support the rights of the neighborhood. In particular, this action seeks to protect the right to build and prevent the work from being completed or proceeding when obliging the person responsible for it to re-establish the previous state, through the reconstitution, modification or demolition of what has been done, regardless of indemnity for losses and damages; once completed, the injured party must resort to another action. It may eventually be based on possession, but, in fact, what this action has to ensure the possession and protect the right to property and the hypotheses points to the importance of safeguarding the right of confrontation, within its limitations, in the case of irregular construction and consequently the right of neighbourhood. The type of research used will be bibliographical through Brazilian doctrine and legislation, supported, therefore, in the works that underlie the right of neighborhood, with regard to buildings