Regularização fundiária urbana como estratégia de transformação social e o papel do poder judiciário

Abstract

Urban land regularization (REURB) appears as a way of solving the housing problem of irregular occupations in Brazil, constituting a true process of public intervention that aims, in addition to legalizing informal urban centers, to promote social justice and the common good. Through bibliographical research and documentary analysis, this dissertation aims to analyze the impact of REURB from a legal and social point of view, as a strategy for social transformation based on its directive implementation of public policy. It is developed in three chapters that summarize the research findings, namely: (I) Urban land regularization as an expression of human and fundamental rights: analysis and reflections; (II) The role of the Judiciary Inspectorate in facilitating urban land regularization: a path to the common good; and (III) Reconfiguring Spaces: the impact of urban land regularization on social, economic and environmental sustainability. The first chapter proposes reasoning that enshrines the right to housing as a fundamental human right, as well as discussing the right to property and its social function, establishing REURB as an expression of human rights, capable of promoting citizenship and social inclusion. The second chapter discusses the role of the Judiciary and the UN 2030 Agenda for social cohesion and the promotion of the common good, highlighting the orchestrated action of the National Internal Affairs Department and the State Internal Affairs Departments and the Federal District for the implementation of REURB. It also highlights the experience of the General Inspectorate of Justice of the State of Espírito Santo in the REURB process from 2024 onwards. Finally, the third chapter points out the transformation of cities based on REURB, which promotes sustainable development, based on through the principle of intergenerational solidarity, and reduces crime by strengthening the presence of the State and improving the living conditions of individuals, including enabling access to lines of credit. In conclusion, this dissertation shows that land regularization is a strategy for social transformation, and that the Judiciary, in addition to its firm and efficient performance in its decisions, through its General Inspectors and the National Inspectorate of Justice have been a catalyst and driver for the realization of rights related to REURB, which is a social and fundamental right.