DIREITO DA REGULARIZAÇÃO FUNDIÁRIA URBANA E AUTONOMIA MUNICIPAL: A CONVERSÃO DA MEDIDA PROVISÓRIA N. 759/2016 NA LEI FEDERAL N. 13.465/2017 E AS TITULAÇÕES DA PREFEITURA DA CIDADE DO RIO DE JANEIRO NO PRIMEIRO QUADRIMESTRE DE 2017 / RIGHT OF URBAN LAND RE

Abstract

doi: 10.12957/geouerj.2017.32061

For more than a decade, the City of Rio de Janeiro has developed a work of attempting to integrate the favelas into the formal network of the city, through processes of urbanization and land tenure, which culminate in the titling of residents of located households in consolidated precarious settlements, in a long and silent work that takes place after celebrated works of urbanization like the programs of Favela-Bairro and Morar-Carioca. The subject has gained national proeminence recently, however, with the intense discussions about the edition of Provisional Measure n. 759, dated December 22, 2016, which, among the modifications of various subjects, also dealt with the theme of urban land regularization, culminating in its conversion into Federal Law no. 13,465, dated July 11, 2017. The purpose of this article is to discuss the advances and setbacks of the new national regulatory framework, comparing its differences with previous legislation, which it has expressly revoked, as well as to investigate the legal nature and even the value of the new institutes that legal order - such as land legitimization and slab rights - trying to demonstrate that much of the criticism that is opposed to them can be neutralized through observance of the Constitution, itself intrinsically, as a true fundamental landmark in the prestige of urban reform and from a neoconstitutionalist perspective, or by the effectiviness that conferred to the municipal autonomy, since it is the Municipality's duty not only to discipline matters of local interest, but also to legislate on the use and occupation of the land, and, especially, to order full development and urban property, so that its social functions work. In this sense, the local legislation already available to the Communes, together with an interpretation of Federal Law no. 13.465/2017 according to the Constitution, can offer a contribution to the maintenance of a progressive and holistic vision of full land regularization and not regression to a strictly concept of property, as some interpreters of the law wish. Lastly, taking as a sample the Rio de Janeiro Municipality's qualifications in the first four-year period of 2017, the socioeconomic profile of its beneficiaries will be verified: those who lack security of tenure or control of their long-term occupations and who are in a situation of vulnerability not only socioeconomic but also legal and in what form this can be a first step towards a transformation within this framework of historical inequality in relation to the formal land structures of Brazilian legality, so as to try to build a more equitable city.