Regularização fundiária e sua (in)efetividade como instrumento de tutela socioambiental

Abstract

Currently, cities are the stage of the most diverse order of legal, urban, environmental and social conflicts. The answer to this range of disorders is sought by the legislator in the legal institute of urban land regularization. This investigation aims to analyze the new legal regime of urban land regularization, established by the Law n. 13.465/2017, in order to verify whether if its norms and tools really constitute an instrument of socio-environmental protection or if the legislation aims only to promote the title of informal real estate, for exclusively economic purposes. Therefore, the study began by a holistic analysis of the land regime and the Brazilian urbanization process, through its historical, social and economic aspects, seeking to understand the origins of the urban problem and its reasons. Secondly, it was carried out an analysis of the normative structure of Brazilian urban law and the repercussions that the constitutional prediction of an urban policy and the right to the ecologically balanced environment produced. In addition, the relationship of complementarity and interdependence between the Urban Law and the Environmental Law was demonstrated, and their role of both legal disciplines in the construction of a Socio-Environmental State of Law. Finally, we have conducted a detailed study of the Law n. 13.465/2017, which became a paradigm in the national legal scenario by bringing general rules on the land regularization procedure and by creating unprecedented legal institutes for this purpose. We seek to verify if the changes that the standardization promoted are appropriate to the sanitation of urban irregularities from a socio-environmental perspective. The methodological approach was consolidated in the method of historical-evolutionary investigation, developed through a bibliographic research. The results of this study presented five impressions about the Law n. 13.465/2017, which lead to the final conclusion that the great objective of the new legislation was to promote only the domain regularization of informal urban properties, strictly aiming at economic objectives. There was no axiological advance or the reformulation and the creation of instruments designed to effectively enforce the socio-environmental issues surrounding the irregular occupation of urban land. [resumo fornecido pelo autor]