Regularização fundiária urbana e financeirização da terra: da segurança da posse à terra como título (i)mobiliário

• Autor(a) principal: Mendonça, Rafael da Mota
• Data de Publicação: 2022
• Outros Autores: [e-mail]
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/18982
• topic: Land regularization; Financialization of the land; Possession; Property; Regularização fundiária; Financeirização da terra; Posse; Propriedade; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO

In this research, an analysis will be carried out about the Brazilian land concentration, with the formation of a protective legislation of the land, removing its promotional essence and consecrating it as a commodity. To this end, the Portuguese-Brazilian legislative production will be analyzed, from the sesmarias regime, until the edition of the Brazilian Civil Code of 1916. Later, it will be demonstrated how the urbanization process was co-opted to create an environment in which capital could find new forms of reproduction. Thus, it is intended to demonstrate how normative production contributed to the formation of a true land concentration, from the valorization of a system based on individual private property, enhancing informal occupations and enabling the land as a commodity. The construction of this legal land protection device has always been present in Brazilian legislation, culminating in CRFB/88, which consecrated private property as a fundamental right, although it incorporated the attribute of social function. This system caused the process of urbanization and social division of space to occur unequally, favoring the flow of capital surpluses, leaving the margin, planning in land occupation. Thus, urban expansion was in charge of the real estate sector, which absorbs a significant portion of these surpluses, channeling them to new developments. The consequence of this dynamic is the construction of public space, from the search for added value, forming fragmented cities. Thus, the protection of property rights and all its attributes is essential for the consolidation of this project, becoming a hegemonic form of politics. The real estate sector, supported by the financial sector, dictates the rules of growth and formation of cities. Thus, there will be the contribution of Law No. 13,465/2017 to the dynamics of the financialization of access to urban land, complementing a structure that already had its bases fixed by Law No. 11,977/2009. Concentration, deconcentration and land reconcentration is a balance that follows the current legal-political system, with an impact on the socio-spatial conformation of the territory. Therefore, the way land regularization is disciplined in legislation, favoring the possessive or proprietary situation, has a direct influence on the design of the city. From this reflection, the fundamental problem of this thesis is identified, which consists of analyzing the concentration of urban land, both from an analysis of its reasons and consequences.