Informação ambiental das cotas de inundação na matrícula imobiliária como instrumento de efetivação da Política Nacional de Proteção e Defesa Civil

Abstract

This thesis, developed within the field of Environmental Law and Society, proposes the mandatory inclusion of flood quotas in real estate registration as a legal instrument to enhance the prevention of socio-environmental disasters in Brazil. The key point of this research is: how can the mandatory inclusion of flood quotas in property registration, as an element of publicity and environmental information, constitute an effective tool for implementing the National Policy of Civil Protection and Defense? The initial hypothesis is that integrating qualified information into the real estate registry will substantially contribute to the effectiveness of the aforementioned policy by enhancing legal certainty in real estate transactions, operationalizing the right-duty of environmental information, and epitomizing the socio-environmental function of property. The research, qualitative in nature and employing a legal-analytical approach, utilizes bibliographic and documentary techniques. The specific objectives correspond to the three chapters of the research. The first chapter analyzes the scenario of climate-related disasters in Brazil and the corresponding legal and political framework for responses, focusing on the establishment of a Socio-environmental State of Law and the structure of the National Policy of Civil Protection and Defense. The second chapter investigates the legal treatment of urban floods, examining existing regulatory instruments such as Permanent Preservation Areas, the City Statute, and Municipal Master Plans to identify implementation gaps and challenges. In the third chapter, the research focuses on the central proposal, analyzing the role of Real Estate Registries as a locus for disclosing risk information, exploring the legal and operational feasibility of registering flood quotas, and assessing the impacts of this measure on the real estate market and the distribution of responsibilities among public and private actors. In conclusion, the hypothesis was confirmed, demonstrating that the registration of flood quotas in property registries is a strategic and factible measure for overcoming information asymmetry, fostering more resilient urban planning, and strengthening risk governance in the country. The thesis offers a proposal for evolving the registry system, aligning its public disclosure function with disaster prevention and the protection of fundamental rights in the context of environmental disasters. [resumo fornecido pelo autor]