a extensão do direito real de habitação do idoso em face da família estentida

Abstract

The protection granted by the 1988 Federal Constitution to the family as an institution implies the extension of the provisions of the Civil Code to other family members, in addition to those expressly listed. The constant evolutions in society have changed the conception of family and, consequently, brought other characters into vulnerable situations who lack housing protection, such as the elderly. Using the deductive method, research began with the analysis of the maximum effectiveness of the fundamental right and came to a discussion about the extension of the real right to housing referred to in art. 1,831 of the Civil Code to the elderly as vulnerable dependents even if they are not included in the context of the nuclear family, since the concept of family is not restricted to this modality.