URBAN LAND REGULARIZATION: ALLEGED CONTRIBUTIONS TO THE REGULATION OF FEDERAL LAW NO. 13.465/2017 AND FOR THE CONSTRUCTION OF THE MASTER PLAN OF THE CITY OF RIO DE JANEIRO 2021

Abstract

Federal Law no. 13,465 / 2017 expressly dispenses the intervention of the local legislature for the immediate applicability of its precepts, making the performance of the local legislator negligible. It happens that the federal law outlines general norms (i) whose specificities, regarding land regularization for the low income population, are already disciplined by the municipal parliamentary from Rio de Janeiro and (i) whose potential, regarding land regularization for the middle and high income population, can be exploited in view of the local specificities and constitutional principles of urban law that inform it, so that its local regulation, by formal law, a valuable instrument of urban policy. The municipal regulation of the new federal law on urban land regularization also becomes a challenge so that (i) ex ante urban planning is not converted into ex post urban disorder regulation and (ii) promotes sustainable urban land regulation that generates a city supposedly less iniquitous and unequal, since its uncritical application tends to generate land concentration, which would concur precisely for the factual framework opposite to what is expected of it, and (iii) promote the change of the status quo ante and not its mere state legitimation. On the other hand, there is nothing to prevent the preliminary draft of the new Master Plan of the City of Rio de Janeiro from addressing the issue of urban land regularization, given the general guidelines dictated by the national regulatory framework.