DESAFIOS E PERSPECTIVAS DO DIREITO À MORADIA DIGNA: UMA ANÁLISE DA IMPLEMENTAÇÃO DA LEI DA REGULARIZAÇÃO FUNDIÁRIA URBANA (REURB) EM OCUPAÇÕES DE ÁREAS PÚBLICAS POR POPULAÇÕES VULNERÁVEIS - ESTUDO DE CASO NA COMUNIDADE DO SÍTIO VÁRZEA GRANDE

Abstract

The main objective of this work is to assess the effectiveness of granting real property rights through urban land regularization instruments provided for in Law n° 13.465/2017, to address the housing access problem faced by vulnerable communities occupying public areas, considering the case of the Várzea Grande Community. The Federal Constitution of 1988, in its article 6, guarantees the right to housing as a fundamental social right for all Brazilian citizens. However, the process of urbanization in Brazilian cities has been marked by uncontrolled growth, resulting in a lack of adequate housing and irregular occupation of public and risky areas. The lack of legal security in housing occupation leaves residents without legal protection to live with dignity, being considered precarious occupants, suffering from threats of forced removal. Law n° 13.465/17 was created to ensure legal security of possession and, consequently, the right to decent housing and to the city, for low-income residents of informal settlements, who do not have real property rights. With the REURB, these informal settlements are integrated into urban land use planning, allowing for urban property titling. Therefore, the work delves into important concepts such as decent housing, legal security of possession, REURB-S, and land regularization. In the elaboration of this monograph, a qualitative approach was employed. For this purpose, extensive bibliographic research was carried out, including informative publications such as books, academic articles, websites, and other sources.