Name: Adriano Giacomin Grazziotti
Type: MSc dissertation
Publication date: 12/12/2022
Advisor:
Name |
Role |
|---|---|
| Daniella do Amaral Mello Bonatto | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| Clara Luiza Miranda | Internal Examiner * |
| Daniella do Amaral Mello Bonatto | Advisor * |
| Gisela Cunha Viana Leonelli | External Examiner * |
Summary: The great demand for housing, coming from the population attracted by the economic
development of the municipalities, linked to an inefficient housing policy, results in
urban occupation, often without a proper planning. In the context of illegal occupations,
there is an institutional effort involving public authorities, including the Judiciary
System, to create mechanisms that enable the land tenure regularization of
settlements, such as Federal Law n° 13.465/2017 (Reurb), which amended Law n°
11.977/2009 (Minha Casa Minha Vida Program). However, the controversial nature
of the Reurb Law, added to its still recent implementation, may lead to inadequate use
by municipal technical teams, making it an ineffective urban tool and, consequently,
going against the original objectives. Also, the isolated application of the Reurb Law
can promote mere titling, without adequate maintenance of the urban infrastructure,
raising the value of the land, without effectively changing the reality of the residents. In
order to better understand the changes brought about by the Reurb Law, the research
aimed to analyze the application of that law in land regularization in the Santa Cruz
allotment, in Linhares-ES. The territorial scope of the research contemplates a reality
of illegal occupation by low-income people, who acquired the lot through a donation
from the municipal government. Still, Linhares replicates the scenario of socio-spatial
inequalities, frequent in the national territory, with development based on real estate
speculation. The large amount of informal occupations is a weakness observed in the
municipality, denying citizens the right to the city. This research is justified by the
approach of an important instrument of Urban Planning and also by the need to identify
its weaknesses and contribute to the better application of the Reurb Law. As
methodological procedures, it was stipulated: a) a brief bibliographic review on illegal
occupations and socio-spatial inequalities in Brazil; b) analysis of legislation (Federal
Laws n° 13.465/2017 and n° 11.977/2009); c) the reading of the study territory, based
on the information obtained by aerial photogrammetric survey, photographic records
and documents provided by the Land Regularization Commission of the municipality;
and d) the analysis of the regularization process of the Santa Cruz allotment and
reflection on the ability of the Reurb Law to guarantee adequate urban conditions. As
a result, it was observed the ratification of the signs of an exclusive urbanization
process in the region and, from these, an overview was elaborated about the losses
and gains arising from the application of the Reurb Law regarding the urbanimprovement in the regularized area. Possibilities for minimizing the problems arising
from irregular occupation were also indicated, through the application of the Reurb
Law. It was identified that, even if the Reurb Law contributes to the reduction of
bureaucracy in Land Regularization, there are still legal aspects to be improved, such
as the classification of the Reurb by the executive branch, the regularization of
buildings and the schedule for the execution of works and stages of Land
regularization. In addition, it is suggested to consider partnerships between City Hall
and educational institutions, as a way of improving the dynamics of Land
Regularization.
