Melo, Lilian Manoela Monteiro Cintra de2026-11-062026-11-062026https://repositorio.unialfa.com.br/handle/123456789/849The dissertation examines the compatibility between real estate tokenization and the inter vivos transfer of the real property right in Brazil. The work starts from the finding that the Brazilian legal regime for the transfer of real property, consolidated by the Civil Code of 2002, is structured on the title-and-mode system, under which the contract represents the title and registration at the Real Estate Registry Office constitutes the mode of acquisition, conferring constitutive effect upon the act pursuant to art. 1,245. This model, of Roman-Germanic inspiration, differs from the French consensualist system, in which ownership is transferred by mere contract, and from the German abstract system, in which registration has constitutive effect independent of the underlying obligational transaction. The methodology is the hypothetical-deductive method, with a review of literature published from 2020 onwards. The work limits its object to the extrajudicial and constitutive dimension of the inter vivos transfer of real property, expressly excluding succession law, tax matters, and capital market regulation, a choice justified by the ambiguous nature of real estate tokenization in Brazil, situated between a real property asset and a security, as evidenced by CVM Resolution No. 88/2022 and CVM Guidance Opinion No. 40/2022. The dissertation traces the historical evolution of the Brazilian real estate registration system, from the colonial period of sesmarias land grants and the Philippine Ordinances, through the Land Act of 1850, the Mortgage Act of 1864, the Civil Code of 1916, the Public Registries Act of 1973, and the Civil Code of 2002, demonstrating that each legislative milestone responded to concrete demands for legal certainty and land organization. The work then examines the purposes and principles of the registration system, highlighting the four most directly impacted by tokenization: the principle of registration, which reserves to the registry act the constitutive effect of ownership by inter vivos deed; the principle of legality, which requires prior qualification of titles by the registrar; the principle of continuity, which demands an uninterrupted chain of holders in the folio; and the principle of concentration, which centralizes in the property record all legally relevant information concerning the property. It exposes the technological foundations of tokenization and blockchain, distinguishes deed registration from rights registration, and demonstrates that tokenization operates as a system analogous to deed registration, recording transactions without producing the constitutive effect reserved for the registry act. The analysis confirms the hypothesis: real estate tokenization is not compatible with the inter vivos transfer of the real property right in Brazil, as it violates the rule of art. 1,245 of the Civil Code and infringes the principles of registration, legality, continuity, and concentration. This conclusion is consistent with normative acts issued in 2025 by the Justice Oversight Offices of Rio Grande do Sul, Santa Catarina, and São Paulo, which prohibited the linking of real estate records to digital tokens. The work identifies as a future research agenda the construction of a national regulatory framework and the investigation of models for integrating blockchain with the Brazilian real estate registration system.pttokenização imobiliáriaregistro de imóveistransmissão inter vivos da propriedadeblockchain