Tiny houses sobre rodas na estrada do direito: Onde o ordenamento jurídico estaciona e o que transita nesta balança

Abstract

This monograph intends to initiate an understanding of the law on tiny houses on wheels - as the visible part of the way of living and living a minimalist lifestyle - and its repercussions on the order, through exploratory theoretical and qualitative research using content analysis in trans and interdisciplinary socio-legal approach, through the processing and insertion of primary data from the participation in the Mentoria Tiny Houses, in meetings of the Colibri Project and in the respective groups, and in the semi-structured interview carried out; and secondary data from the study of legislation, doctrine, academic publications and national and international websites on the subject and documentary research, using critical-dialectical interpretation and discursive and argumentative processes that will refer to inferences to delineate why the law should and how it can classify it. them, discipline them and concretize the trends reflected in the possibilities converging with the socio-environmental state of law, coined by Tiago Fensterseifer, that these new figures evoke. It presents the institute, its emergence, situation in Brazil, characterizing elements, its potential for realizing fundamental rights and for the disintegration and reconstruction of social and economic relations on housing, consumption, work and environmental governance; explains how they are currently approved from the perspective of traffic law, highlights an ongoing bill that could benefit them; understanding the excess of legal fictions as an epistemological obstacle in the terms of Gastón Bachelard, it analyzes its legal nature, investigating its subjection to real estate and tax law, relating initial implications in civil law; and formulates proposals to support the creation of specific norms.