REGULARIZAÇÃO FUNDIÁRIA DE INTERESSE SOCIAL: QUESTÕES AMBIENTAIS, SOCIAIS E JURÍDICAS

Abstract

One of the severe urban social problems in Brazil is the proliferation of irregular and clandestine allotments. Families who live in these areas face a hard social reality, since they do not possess the regular title of these properties, which contributes to an incessant instability or even legal insecurity. Inserted in this context is the question of public health, due to precarious conditions of hygiene and lack of basic sanitation. With the aim of minimizing or at least solving this problem, the Government has been taking some measures in order to equate the environmental issues found in these allotments. The first step was the entry in effect of Federal Law no. 11.977/2009 and later the Provisional Measure 759/2016, converted into Law by the National Congress and only pending on the presidential approval. Such legal instruments contemplate the regularization of land ownership of social concern, which loosens legal procedures, including the environmental ones, in order to regularize these allotments, which indeed exist, but lack juridical formalization In view of what has been exposed, this dissertation aimed to demonstrate, through analyzing juridical norms, researching already consolidated studies and also through the verification of administrative procedures for ordination of existent land allotments in Aparecida de Goiânia-GO, that the implementation of the regularization of land ownership of social concern in Brazil, especially in this city, is still deficient, since it is based on a contradictory and inefficient model, incorporating antagonism among environmental, social and legal issues.