A integração das favelas à cidade formal: o papel da regularização fundiária urbana na compatibilização entre as normas comunitárias e o Estado

Abstract

The informal urban occupation phenomenon, broadly spread through brazilian cities, should be understood as in the dynamics that rules social relations kept in abnormal settlements, as much as the way the State should stand upon such phenomenon. In that way, investigation was set about the logic behind informal relations and the reason for the eviction of people under judicial protection for the solution of their conflicts. In the following moment, discussion was set in order to find out if such conflict solution extralegal mechanisms, as much as the social relation ordering ones are a part of the juridical system or not. To answer the last inquiry, the theoretical marks of the juridical pluralism were analysed, as well as Luhmann’s Systems Theory, in order to verify points of conflict between two references and possible dialogues between them, locating informal community rules, sometimes on the periphery of the law system or in its own environment. As much as the extralegal rules governing life in favelas are of fundamental importance in community life, there is no way to remove the centralism of the courts in law, whose decisions form positive law and will radiate its effects on the entire legal system, exercising its function of stabilizing normative expectations in society. In view of that, discussion was set on how the Law should deal with such reality, without its social inadequacy in ignoring the dynamics of the favelas. Thus, the idea of cognitive opening of the legal system was introduced through the constitutional principles of the social function of possession and property. However, although these principles contribute to social advancement on the issue of informality in Brazilian cities, preventing, for example, forced evictions and bringing greater legal security to residents, they are insufficient for a greater integration of informal urban centers into the rest of the city. Hence, the State (acting also through its political system) outlines a broad program of urban land regularization, which aims to grant legal security to residents, housing and urban improvements to favelas, as well as insertion of beneficiary properties in the formal real estate market, even when there are economic development pretensions. And, for the correct understanding of that public policy, it was analyzed both the way the legal and political systems interact with the figure of property and the search for the transformation of informal occupations into formal properties, as well as the effects and economic and social aspects of land regularization. The course of that path led to the conclusion that a policy of full land regularization, which must observe and respect as much as possible the social norms of informal centers; contemplate not only the title and formalization of properties, but also respect the existing social reality; and implementing improvements in infrastructure, urban planning, housing and public services is the most appropriate way to guarantee a better life for informal communities and for the city as a whole. For that, the adopted methodology was the relevant bibliographic review of each one of the aspects discussed above, interpreting and confronting the studied aspects and applying them to the urban informality issue.