O Termo Territorial Coletivo (TTC) e a gestão coletiva da propriedade como forma alternativa à titulação individual na garantia do direito constitucional à moradia

Abstract

Initially, this paper proposes a reflection, based on David Harvey's theoretical framework, on how the capitalist mode of production — based on worker exploitation and capital accumulation — contributed to the configuration of today's cities, characterized by socio-spatial segregation and by the commodification of urban land. The great inequality of urban centers has a profound impact on the life of the entire community, as it triggers social and economic problems, such as extreme poverty, unemployment, low wages paid to the working class, precariousness of public services and lack of adequate housing. Big capital, always eager to accumulate profit, needs its production to be constantly absorbed, so that crises of overaccumulation do not arise. The strategy recurrently adopted with the endorsement of the public power is the formulation of public policies that favor massive investment only in urban infrastructures that meet the economic interests of the market, in order to optimize its production and consequent accumulation of profit, neglecting the real needs of society. population, resulting in a process of segregation and urban commodification of cities. This study aims to analyze whether the public urban housing policies developed in the country up to the present day were able to fully ensure the constitutional right to decent housing for the most vulnerable populations and to discuss the possibility of new forms of land regularization. Based on international experiences aimed at granting collective ownership of land, the feasibility of implementing the Collective Territorial Term in Brazil is verified, with the aim of strengthening tenure security, guaranteeing the right of residence of residents of poor urban communities in the country, through collective management of the territory, against the processes of market removal and gentrification.