Dever estatal de urbanização de áreas sujeitas à regularização fundiária: interpretação da Lei nº 13.465/2017 à luz da competência constitucional do município para o ordenamento do território urbano

Abstract

The dissertation intends to develop the state duty of urbanization of areas subject to land regularization. In order to do so, it has been proceeded to the analysis of the foundations of the school of thought that considers urban space an arena for political struggle and dispute, as well as a spatially grounded social process in which different actors interact through the effective implementation of its (re)organization. In this context, the current normative regulation of urban land regularization is examined, specifically on its provisions related to the implementation of essential infrastructure. In the course of the research, the aim is, as a hypothesis, to verify if the teleological and systematic interpretation of the referred norms, mainly of its arts. 35 and 36 – which regulates, in detail, the content of the land regularization project – with the rest of the legal system, allows establishing the obligation of the public power to promote urban interventions aimed at improving the quality of life of the population residing in places subject to regularization. As a test of the hypothesis, it is intended, through theoretical observation, to compare the provisions of brazilian federal law n. 13,465/2017 with the constitutional devices that establish the municipal competence to proceed with the regulation of urban land - articles 30, VIII, and 182 of the brazilian constitution – in order to verify the possibility of imposing on the local public entity the duty to promote urban interventions in informal urban centers.