Regularização fundiária em unidades de conservação: uma análise da lei 13.465/2017

Abstract

Law 13.465/2017 expressly recognized the possibility of urban land tenure regularization in conservation units for sustainable use, establishing the obligation of environmental technical studies that justify the environmental improvement in relation to the situation of previous informal occupation. It affects rights of traditional and non traditional populations. As conservation units protected areas are legally recognized as one of the main rules for the conservation of biodiversity, however, with regard to the urban environment in the Amazon, as conservation units they are now special because they are also certified for the protection of the environment which is effected through the quality of human life based on the preservation of culture, especially in the case of traditional communities. Thus, the theme of urban land regularization in conservation units is acquired for being one of the main means for achieving the effectiveness of the right to the city for the urban environment of the Amazon, which entails a holistic analysis of the legal norms that affect the city environment and the right to housing from a national and international perspective. In this sense, the analysis demonstrates that urban land tenure regularization in conservation units for sustainable use, under the terms of Law 13,465/2018, is not suitable as an effective instrument for achieving the right to the city in the Amazon, even for an area of environmental protection, in which the activities that must be developed in the environment, must also be regulated taking into account the importance of human life and culture as a condition for the realization of the urban environment in the Amazon.