O papel da titulação no registro de imóveis de assentamentos informais na efetivação do direito de moradia: estudo da regularização fundiária promovida no município de Volta Redonda à luz do capital morto imobiliário

Abstract

Urban Land Regularization (Reurb) is a public policy focused especially on the housing issue, which consists of general rules and applicable procedures, covering legal, urban, environmental and social measures aimed at incorporating informal urban centers into the urban territorial ordering and the title of its occupants. The problem that arises is that the issue of housing, the foundation for urban land regularization policies, goes far beyond the binomial housing deficit/demand for own housing. This issue exhibits peculiar characteristics that balance between seeing housing as the right to decent housing or accepting it only as a negotiable commodity, for the promotion of the economy, assuming that the increase resulting from financial circulation, in favor of free market and order economic, surpass the dignity of the human person. Furthermore, aggression to the environment due to land tenure regularization cannot be faced as a positive externality, despite the importance of the right to housing, since the inter-generational factor must be considered in the result of degradation. object to evaluate, in concrete, the assumptions of Hernando de Soto's theory as premises for urban land regularization, considering the importance of the mere title of real estate as a realization of the right to real estate property, based on the promotion of the economy and the circulation of wealth, balanced with the mandatory attention to the dignity of the human person, including with regard to housing. The neoliberal proposal demonstrates the tendency to prioritize the economy to justify the urban land regularization of mere title, while the State, silent and incapable of carrying out full land regularization, legislates in accordance with the proposal, in order to transform it "on paper ” the irregular and the illegal in regular and legal, despite the violation of constitutional principles that, obviously, could never be violated. In order to test the concreteness of Soto's theory, a brief bibliographical review was carried out in this study, and then a research was carried out involving administrative registries of urban land tenure regularization corresponding to all regularized areas (a total of ten) in the period from 1993 to 2020, in the municipality of Volta Redonda, State of Rio de Janeiro, and the correlation with the effective registration of lots regularized through the opening of their own registrations, which consisted of the effectively studied sample, and the consequent circulation of real estate business embodied by legal transactions (contracts and financial transactions) arising from the aforementioned land tenure regularization. In this way, it is questioned whether a land tenure regularization based more on the economic order and on free enterprise really reveals itself as a means of realizing and making effective the fundamental rights of housing, the duty of the property that fulfills its social function, environmental protection and respect for urban planning, so that, together, meet the principle of the dignity of the human person.