REAL ESTATE REGISTRY VERSUS PUBLIC DOMAIN: HOW FAR DOES REGISTRY PRESUMPTION EXTEND IN COASTAL FEDERAL LANDS?

Abstract

This article examines the legal framework governing coastal federal lands (terrenos de marinha) and their implications for the real estate registry system, focusing on the registrar’s role when public ownership is not reflected in the property record. It is based on the hypothesis that such lands belong to the Federal Government by constitutional determination, with original ownership independent of registration, thus limiting the presumption of registry legitimacy. The study adopts a qualitative, doctrinal legal methodology, grounded in statutory analysis, specialized doctrine, and case law from the Brazilian Superior Court of Justice. It addresses the requirement of the Transfer Authorization Certificate (CAT), the relative nature of registry presumption, and the limits of legal qualification. The article concludes that requiring prior regularization before federal authorities does not constitute undue innovation, but rather reflects the registrar’s legal duty to ensure continuity, legality, and legal certainty within the registry system.Parte superior do formulárioParte inferior do formulário