A regularização fundiária urbana como instrumento de concretização do direito fundamental à moradia adequada e da função social da propriedade

• Autor(a) principal: Ribeiro, Letícia Maria
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/39903
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Regularização fundiária urbana; Moradia adequada; Direito de propriedade; Função social da propriedade; Urban land regularization; Adequate housing; Right to property; Social function of property

This study analyzes Urban Land Regularization as an instrument able to materialize the fundamental right to adequate housing and the social function of property. Therefore, the study is developed from the analysis of the history of the occupation of Brazilian land and the regulations in urbanistic and registration terms, in order to better understand how the urbanization process occurred in Brazil and the legal rules edited to regulate this subject. Subsequently, notes are made on the main international discussions and on the instruments and conventions arising from them, related to housing, as well as analyzing the right to property and the right to housing as fundamental rights, both within the scope of the Brazilian legal system, as well as within the dimensions of fundamental rights. In addition, the research studies presented allow to highlight the worrying number of informal settlements existing in Brazil, devoid of the necessary adequacy for housing. Thus, Urban Land Regularization is analyzed as an instrument capable not only of promoting the formal reinsertion of consolidated informal settlements into the urban space and promoting the titling of occupants, but as an effective mechanism for promoting the fundamental social right to adequate housing and social function of property, through measures in many areas, with flexibilities and exemptions, in order to promote this primary purpose. For this purpose, a bibliographical review and analysis of legal rules related to the subject are used. Finally, this study concludes that Urban Land Regularization proves to be an important and effective instrument for the achievement of the fundamental right to adequate housing and the social function of property, but constitutes an exception measure, at the same time that is necessary to implement public policies in the housing sector, so that these two major themes are continuously guaranteed and observed in a context of seriousness and responsibility