CONSENSUS FORMULATION OF PUBLIC POLICY OF LAND REGULARIZATION: LAW 13.465 /2017 AND THE DEMOCRATIC MANAGEMENT OF CITIES

Abstract

The dynamics of the urbanization process of Brazilian cities has enhanced the formation of informal urban settlements. Thus, from the CRFB / 88, with the edition of its own chapter disciplining urban public policy, a normative framework emerges to deal with land regularization. After the promulgation of the constitutional text and the subsequent edition of numerous normative acts on the subject, there was the consolidation of a legal and political basis on land regularization. The entire normative apparatus edited was based on a policy of regularization based on popular participation, especially on the direct recipients of public policy. This statement is supported by Law 10.257 / 2001 (City Statute); MP 2220/2001 (disciplines the granting of special use for housing purposes); Law 10.406 / 2002 (Civil Code) and Law 11977/2009 (provides for land regularization in Union real estate). This legislation consolidated land regularization instruments, based on a dynamic of democratic management of urban space. The edition of Law 13465/2017 substantially alters the previous system, favoring a land regularization based on the independent action of the Public Administration, under the argument of bureaucracy. The legislative option is noticeable from the repeal of article 48, item III of Law 11.977 / 2009, departing from the legal requirement for democratic participation. The reflection presented in this essay aims to verify if popular participation in the shaping of public policies for land regularization can still be taken as mandatory directly by virtue of article 2, item II of Law 10.257 / 2001.