Termo administrativo de transferência de propriedade como instrumento de regularização titulatória de conjuntos habitacionais no Estado do Rio de Janeiro: um estudo teórico e prático da regularização fundiária urbana no Conjunto Habitacional Oswaldo Cruz

Abstract

From Blindness to Concealment (Gazola, 2019), the communities of Rio de Janeiro gradually experience neglect and even rejection by the state, which sometimes ignores them and, at other times, seeks to exclude them from the city through forced removal processes. In this context, under the argument of ensuring minimal habitability conditions, many housing complexes were built in distant areas, displacing communities from their affective and identity core. In this socially harmful dynamic, even after decades, many residents of these communities are not recognized as homeowners since, in many cases, their properties are fraught with various irregularities, which hinders access to official property records, revealing a "barren" land in terms of ownership titles. Thus, in the state of Rio de Janeiro, more than one hundred and fifteen thousand housing units constructed by Cehab-RJ, despite being fully paid off by the buyers, remain without proper titles. In this context, the NEPEC Research Group, affiliated with the City Law program at the State University of Rio de Janeiro (UERJ), developed an extension project called Moradia de Direito (Right to Housing), which, among other objectives, sought to answer: what would be the best way to regularize the titles of housing complexes in the State of Rio de Janeiro, from the perspective of mass demands? Over the course of this project, the present thesis was outlined and developed to deepen and innovate upon the specific research topic that had been initiated. This thesis, therefore, aims to expand and innovate NEPEC's findings under the Moradia de Direito project by investigating the irregularities preventing property recognition in housing complexes and, based on this framework, providing creative legal solutions that can contribute to their effective regularization and the construction of "fertile" land, considering that titling is a pillar of sustainable land regularization. To this end, the hypothesis was raised that Urban Land Regularization and its various instruments could be utilized, developing the concepts of Reurb-Inominada and Reurb-Titulatória, as well as the Administrative Term provided for in Circular No. 561/2022 of the General Justice Department. To confirm or refute the hypothesis, bibliographic and documentary research was initially conducted, analyzing legislative, doctrinal, and jurisprudential documents, along with a case study on the Oswaldo Cruz Housing Complex in the city of Rio de Janeiro, built by the State Housing Company of Rio de Janeiro (Cehab-RJ). In this sense, the results go beyond the objective improvement of the procedure for Regularization of Housing Complexes in the State of Rio de Janeiro. Through the preparation of draft documents and normative models, the intention is that other states in the federation may also adopt the ideas proposed by this research, which advocates the use of the Administrative Term as an instrument for the Reurb-Titulatória of Housing Complexes and its replication in other states. All of this is grounded in the relationship between property rights, social inclusion, recognition, empowerment, and the struggle for broader rights.