Reflexões sobre a complexidade dominial na regularização fundiária urbana : estudo de caso da "Gleba C" da Universidade Federal do Pará na Terra Firme, em Belém

Abstract

This dissertation addresses the processing of urban land regularization based on the existence of territorial overlaps. Within this theme, the existence of competence conflicts between public entities in the face of overlaps is not addressed. Therefore, the problem that guides this research is to understand how the superimposition of public areas in real estate records impacts on the urban land regularization of “Gleba C” in the Terra Firme district in Belém - Pará? “Gleba C” is one of five areas that make up the institutional heritage of the campus of the Federal University of Pará, formed from the partial expropriation of Posse Jupatituba in 1964, and which was the object of irregular occupation from the 1980s onwards. Specific objectives include: demonstrating as occurred the consolidation of Terra Firme district through land regularization processes, correlating them to mode in production of urban desired by these public policies (1); the current Federal Law nº 13.465/2017, differentiating the general land regularization regime (reurb) and the special urban land regularization regime (reurb) for land in the Union (2) ; and explain how the territorial overlaps to leave the legal history of access to land in Brazil and the multiple interpretations of public bodies in the case of "Gleba C", to later discuss whether and how the current framework of urban land tenure regularization welcomes this issue, and lastly to present the international interpretation parameters of the right to adequate housing, and its correlation as the purpose of the urban land regularization instrument. The research owns like method of approach or reasoning deductive method and uses the single case study as a method of procedure. As techniques it were used bibliographical search, documentary search, and semi-structured interviews. The results indicate that in the case of "Gleba C" in which there is an overlap of public areas, the land legislation does not impose solutions aimed at residents, and recognizes the arbitrariness of public goods in fulfilling their social function, depending on the action or inaction of the citizens. competent bodies, which can dialogue and advance the process of urban land regularization or simply paralyze it due to lack of articulation. The conclusion of the work is that despite the theoretical advances on the subject, there is still an overvaluation of property, including public property, in favor of housing.