Incorporação imobiliária: uso de sistemas tecnológicos para avaliação legislativo-regulatória

Abstract

This study investigates the legal and operational challenges of registering real estate developments in Brazil, regulated by Law n. 4.591/1964. Based on a transdisciplinary approach that combines law, public administration and computer science, the study proposes practical solutions to make the registration procedure clearer, more efficient and accessible. The main obstacles to the speed of registering a real estate development were identified as the lack of document standardization and understanding between notary offices, the influence of customs, and the recurrence of material errors, often resulting from the high volume of documents to be analyzed. In response, two solutions were developed: (i) a Guide of Good Practices for Registering a Real Estate Development that clearly and in detail demonstrates the necessary stages for registering a real estate development - with a focus on the city of Belo Horizonte -, approaching the interactions between the main agents of the triad - notarial and registry offices, city hall, and private individuals - and the customary practices involved; and (ii) a Structured and Integrated Legal Analysis of a registration with municipal documents, focusing on the objective specialty of the urban property. Here, a graphic representation is presented — through a computer system — capable of systematizing information from different documents related to the same property, identifying inconsistencies and bottlenecks, suggesting solutions to the identified obstacles, indicating the normative basis and applicable customs, and generating a detailed diagnosis to support decision-making. The proposed solutions were validated by professionals in the sector, including the 1st Real Estate Registry Office of Belo Horizonte, which is headed by the vice president and technology director of the National Operator of the Electronic Real Estate Registry (ONR), an important agent responsible for the technological movement applied to real estate registration. The results indicated gains in predictability, efficiency, and standardization. Governance appears as a relevant axis of the proposal, by integrating transparency, organization of information, and coordination among the agents involved. The research reinforces the role of technology as an ally, without disregarding human intervention, especially in contexts involving complex legal interpretations and customary variations. The results indicate that the strategic use of data, the legal language simplification and dialogue between different areas of knowledge are promising paths for Brazil's improving registry services and the enhancement of the country's business environment.