Mecanismos de Regularização Fundiária: A Necessária Ponderação do Direito de Propriedade do Ente Público sobre Terras Devolutas Estaduais na Capital do Amazonas e o Direito Social à Moradia

Abstract

Irregular occupations in urban areas tend to be a chronic problem in Brazil due to the way in which real estate ownership in that country was granted. In the Amazon this becomes something stronger and in the State of Amazonas the issue is accentuated. When it comes to the capital of Amazonas, Manaus, the issue of housing deficit stands out, given the exponential increase in the population in this location. Due to this social problem, the Public Power sought land regularization as an element to solve this social problem. This arises from the very conception of human dignity, as the foundation of the Republic. This concept jumps out of the constitutional text and radiates to all legal systems. This arises from the need to apply the legal status of minimum assets so that the social right to housing is granted as a result of human dignity itself. In addition to this, it is necessary to reflect on the right to the city itself and issues relating to urban planning law. Making the dialogue between the right to the city and urban planning law, there is a reflection on the public policies applied in favor of the social right to housing itself. Finally, it is worth highlighting what the social right to housing is in light of civil-constitutional law. That is, there is a need to look at the right to housing and the right to property of the Public Entity in the light of civil-constitutional law. It is important in this case to see the (non)existence of the social function of the ownership of vacant land and the collision with the social right to housing. The main problem of the work is: what is the legal solution, considering the consecration of the social right to housing as a fundamental right, for the undue occupation of vacant land in the State of Amazonas by low-income people for housing purposes? The general objective is to describe whether, and to what extent, land regularization appears to be a right of individuals in the face of the State of Amazonas as an instrument for promoting the social right to housing and the social function of property, excluding the incidence of the statement of Summary no. 619 of the Superior Court of Justice and, specifically, present the different types of land regularization in the State of Amazonas, describe the relationship between the social right to housing and the social function of public property and, finally, analyze the existential aspect of land regularization and the consideration of the property right over vacant land, the social right to housing and the social function of property. The research was carried out in a bibliographical manner in the qualitative aspect and the dialogical, dialectical, and phenomenological method was used for this purpose. The result presented in the work is the prevalence of the social right to housing in order to be a right to land regularization of vacant land in the case of occupation for housing purposes in urban areas, due to the social function of the property.