A regularização fundiária urbana e rural: necessidade de marcos teóricos e de políticas públicas distintos

Abstract

Regardless of the liberal or community conceptions that justify both public and / or private ownership and possession, irregular urban or rural real estate occupation need land regularization to enable the fundamental right and human right of access to housing and social use of land, respectively. As they deal with different realities and problems (urban and rural), the article aimed to make a conceptual approach to land regularization and to demonstrate that it would be more appropriate to adopt legal frameworks and specific public policies for urban land regularization and the rural one. The text concludes that urban land regularization is focused on the legalization and insertion of ownership and possession into the regular structure of cities, while the second one has the objective of legalizing and inserting ownership and possession into the production structure in the countryside. Both regularizations aim at the effectiveness of the right to social housing and environmentally sustainable. In the case of rural land regularization, there is also the right to use land as a policy of socioeconomic equity and sustainable production. In the elaboration of the article the conceptual-analytical methodology was adopted, instead of legal dogmatics, to deal with the urban and rural land regularization in its conceptual and procedural premises. In this sense, and due to the analytical bias given to the problem theme, a specific theoretical framework was not adopted.