O Cadastro Ambiental Rural (CAR) como instrumento de regularização fundiária no Matopiba, Amazônia legal e Estado de Goiás

• Autor(a) principal: Mendes Júnior, Cezar Augusto
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/12536
• topic: Direito agrário; Terras devolutas; Grilagem; Cadastro Ambiental Rural (CAR); Agrarian law; Vacant lands; Land grabbing; Brazilian Rural Environmental Registry (CAR); CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO

This dissertation addresses vacant lands, land grabbing and the true effectiveness of the Brazilian Rural Environmental Registry (CAR) through sampling analysis in the Legal Amazon, in the Cerrado portions of the states of Maranhão, Tocantins, Piauí and Bahia (MATOPIBA), and in the state of Goiás. Despite being an important tool for evaluating environmental regularization and management, the CAR has been used in an attempt to land grabbing. Some judges have recognized possessory rights based on CAR information to the detriment of rights stemming from land reform policies. That is why we speak of the “CAR binge” because that which should be an agri-environmental regulation tool may instead be causing land grabbing, land overlaps and conflicts. Constant legislative alterations and structural changes end up delaying monitoring, demarcation, registration, georeferencing and titling actions on the part of the state governments. It is in face of legal uncertainty regarding land control that the improper appropriation of public lands – land grabbing – is strengthened. From this comes the question: has the CAR achieved its goal of effectively integrating environmental information on rural properties? Is the information posted to the system reliable? What impacts can the CAR’s (in)effectiveness generate in the violation or non-violation of rights? Land grabbing of vacant lands and land tenure regularization are issues related to Agrarian Law, encompassing emerging conflicts and the legal system for land access and use. However, land tenure regularization has not yet proved to be effective due to the flaws identified in the delimitation of vacant lands. The general objective of this research is to understand the Land Tenure Regularization process and its (in)effectiveness in using the CAR as an agri-environmental control tool. These are the specific objectives of the research: a) To carry out a historical review on the formation of the Brazilian agrarian space through the delimitation of vacant lands; b) To present a current picture of rural environmental registries through sampling in the Legal Amazon, MATOPIBA and the state of Goiás, identifying occasional flaws that favor land grabbing by third parties; and c) To analyze the satellite images of regions where more serious irregularities have been identified, in light of the information from the previous objectives, looking for overlapping land or irregular subdivisions and then analyzing the latest land titles of these properties, seeking to identify the compatibility of CAR’s information with satellite imagery and the information recorded at the Land Registry Office.