Regularização fundiária urbana na cidade de João Pessoa: desafios do licenciamento ambiental municipal sob à luz da Lei Federal n.º 13.465 de 2017

• Autor(a) principal: Cadete, Antônio Fernando de
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2748
• topic: Direito à moradia; Licenciamento ambiental; Regularização fundiária urbana; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This study aims to analyze the ineffectiveness, in the abstract, of the environmental licensing of land tenure regularization within the municipality of João Pessoa, after the changes brought by Federal Law n.º 13.465 of 2017. The specific objectives of this research are substantiated in: a) address the main aspects of the new land regularization law in correlation with the ideals of sustainable development; b) contextualize the current housing situation in João Pessoa, addressing the city's urbanization history and exposing data on its informal urban centers, potential targets of regularization; c) analyze the legal structure of the city of João Pessoa for regularization and environmental protection purposes. The problem that permeates the present work questions whether the norms that deal with environmental licensing in the city of João Pessoa would be able to overcome the setbacks in environmental protection practiced by Federal Law n.º 13.465 of 2017, which consisted in reducing the chances of mandatory conducting environmental technical studies for the regularization approval. The municipal environmental licensing, besides obeying the general rules of federal and state scope, also obeys the municipal regulation. Therefore, although there is currently no provision in the legal system of the municipality of João Pessoa for a specific rule that requires the necessary environmental licensing of any type of urban land regularization, such provision should be urgently created as it is the best measure for social and environmental sustainability, preventing damage. Regarding the methodological procedures used, a technical bibliographic procedure was developed, the indirect research technique was adopted and the formative reading was used to analyze data. In view of this, it was concluded that the regulatory framework that regulates environmental licensing in the city of João Pessoa must evolve to overcome the setbacks perpetrated by the new land regularization law.