O LOTEAMENTO JARDIM NOVA ESPERANÇA DESAFIOS NA REGULARIZAÇÃO FUNDIÁRIA EM GOIÂNIA/GO.

Abstract

The present research analyses the efforts put into the regularization process of an occupation area northeast Goiânia city, more specifically in the allotment Jardim Nova Esperança, for it was the first collective settlement in Goiânia. It started in 1979 with the informal occupation of an area of "Fazenda Caveiras" - a process marked by social, environmental and legal conflicts. One of the greatest challenges of contemporary designs standardization is to regulate informal settlements, encompassing cartographic legal aspects, and notarial services to formalize the ownership of the property, by the legal principle of adverse possession in its various forms. The importance of legal intervention is paramount, because the precariousness in the exercise of the right of living confirms the deficit of habitability. The concern to promote agrarian regularization stems from the consolidation of the neighborhood and from the will to provide improvement in the living conditions of the local population, such as health, livability, legal certainty and decrease social vulnerability. Since 1979, there has been a gradual revision in the housing legislation in Brazil, revised in the light of the Federal Constitution of 1988, the City Statute or law number 10,257 of July 10, 2001, and of normative instruments designed to ensure the orderly growth of cities in a sustainable and socially balanced way. However, the difficulty lies in the application of these laws in a way to restructure the urban policy in order to improve the regularization process, which is considered one of the most important tools, even if applied only as a way to reduce illegalities, in the search of the undeniable right a citizen has to the city and to the remodeling of the urban fabric. . In this way, the legalization of ownership exercised with housing purposes through property registration and recognition of ownership is the legal framework of the right to live for a population that had once had that very right threatened. It is hoped that the theme receives new approach and research, contributing with innovative suggestions or conclusions.