Limites temporais para o não uso pelo Estado das áreas reservadas à implementação de infraestrutura urbana em terrenos particulares com assentamentos irregulares

Abstract

The thesis aims to analyze the problem of the duration of government restrictions on non-building on private properties that have been reserved for the implementation of infrastructure, since there is no rule in the legal system that imposes a maximum temporal duration for these restrictions. The research hypothesis is that these restrictions cannot be postponed indefinitely in time nor can they be reiterated indefinitely in time without the State acting to implement the infrastructure or giving up the restriction. As a hypothesis test, it will be verified whether or not the Brazilian legal system is favorable to the possibility of an indefinite or undetermined temporal duration of these restrictions. For this purpose, similar institutes provided for in the legal system itself and in foreign law will be used. The research uses the hypothetical-deductive approach method, the procedural method is bibliographic and documentary research, the interpretation method used is systematic and qualitative research is used as the data collection method. As a result, it was found that the restrictions under study cannot have their validity delayed indefinitely and must have a maximum period of incidence. The research thus aims to contribute with another way of influencing the deficit of buildable land in Brazil, mainly in large urban centers, based on legal situations still little explored by the doctrine.