A regularização fundiária de interesse social como garantia da dignidade da pessoa humana: a Lei de Improbidade Administrativa e a efetivação do direito à moradia

• Autor(a) principal: Arruda, Lorena Tôrres de
• Data de Publicação: 2024
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/41798
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Regularização fundiária de interesse social; Improbidade administrativa; Patrimônio social; Dignidade da pessoa humana; Land regularization of social interest; Administrative improbity; Social patrimony; Dignity of the human person

The aim of this thesis is to analyze the mayor's liability in the event of failure to regularize land in the social interest of residences located in irregular subdivisions, by configuring them as social assets as provided for in Article 1 of the Administrative Improbity Law. Through a study of constitutional norms and the theory of fundamental rights, we sought to investigate whether in the current legal order the right to land regularization can be considered a fundamental right and a component of human dignity. The 1988 Federal Constitution represented a milestone in the urban policy of Brazilian cities when it allocated Title VII, a specific chapter for urban standards, conditioning the use of property to meeting the social functions of the city and property. In order to regulate articles 182 and 183 of the Constitution, Federal Law n. 10.257/01 was enacted, establishing general guidelines for urban policy and city development. Among these rules, we highlight the special attention given by the infra-constitutional legislator in establishing as a guideline the land regularization of social interest of areas occupied irregularly by low-income populations. But not only that, to ensure that the institute was not subject to the discretion of the Public Power, becoming a letter of good intentions, the legislator created legal instruments capable of making the land regularization of illegally occupied areas effective. This gave rise to instruments such as the special usucaption of urban property, the granting of this special right for housing purposes, special zones of social interest and the granting of real rights of use. Once the legal requirements have been met, and using these instruments, the citizen has the right to regularize the legal bond of ownership with the land, which until then had been irregularly occupied. Through the legal instruments listed in the City Statute, it can be said that land regularization of areas occupied by low-income populations is a fundamental right, as it has characteristics of this nature, as well as having a close logical connection with various fundamental rights such as housing and property. Thus, by making the connection between irregular allotments and the duty to guarantee the right to housing, especially for the poorest population, it can be seen that the Public Authority has an obligation to promote land regularization of social interest, and in the event of non-compliance with this, it may incur in the conduct provided for in articles 10 and 11 of the Administrative Improbity Law