Land conflicts and risk: forced removals as a risk factor in informal urban settlements and land regularization in disaster risk areas

Authors

DOI:

https://doi.org/10.12957/rdc.2024.86117

Keywords:

Land Conflicts, Forced Removals, Security of Tenure, Risk Reduction, Land regularization

Abstract

The article addresses the multiplicity of risks in informal urban settlements and analyzes the risk of eviction due to the legal informality of land tenure, and the ways of dealing with this condition, are part of the vulnerability in low-income settlements. This situation is exacerbated by the limitations of due process observed in forced eviction procedures. These risks are compounded by disaster risks, which are aggravated by the effects of climate change and are linked to inequalities and the historical structure of domination and exploitation through the alienation of land access. In light of this, the potentialities and limitations of the Land Regularization instrument (Law No. 13.465/2017) are discussed, in dialogue with the National Policy for Civil Protection and Defense (Law No. 12.608/2012), to serve as a territorial policy to avoid or counteract mechanisms of dispossession, contributing not only as an end with titling and urbanization but also as a means to ensure due process and reduce risks and disaster management.

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Author Biographies

Maria Cecília de Araujo Asperti, Escola de Direito da Fundação Getulio Vargas (FGV Direito SP)

Professor at the Fundação Getulio Vargas School of Law (FGV Direito SP). Co-coordinator of the Access to Justice, Disasters and Climate Change Research Group (NAJUPMESC), at FGV Direito SP. Bachelor's degree (2008), Master's degree (2014) and Doctorate (2018) from the Faculty of Law of the University of São Paulo - FDUSP.

Ana Cláudia Mauer dos Santos, Maitá ATHIS

Lawyer and popular legal advisor working in the defense and promotion of the right to adequate housing, legal consultant in land regularization projects. Founding member of Maitá ATHIS. Bachelor's degree (2015) and Master's degree (2018) from the Faculty of Law of Ribeirão Preto – FDRP/USP and undergraduate student at the Institute of Architecture and Urbanism – IAU/USP (2020-)

Published

2025-03-12

How to Cite

de Araujo Asperti, M. C., & Mauer dos Santos, A. C. (2025). Land conflicts and risk: forced removals as a risk factor in informal urban settlements and land regularization in disaster risk areas. Revista De Direito Da Cidade, 16(3), 438–474. https://doi.org/10.12957/rdc.2024.86117

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