Direito à moradia, regularização fundiária e direito à cidade: marcos legais de referência

Abstract

The City Statute states that urban policy in general aims to order the full development of the social functions of the city and of urban property and following its presentation points general guidelines for this system, among which stands out in this work regularization land. In this context, impossible to dissociate the land regularization, brief reflections on the right to decent housing in the light of the right to the city. The house only becomes worthy when, in addition to the minimum conditions of physical structure and habitability, is accompanied by proper regulation of access to land and urban property in a context where there is proper urbanization of all your surroundings giving you the fullest sense of to be. Therefore, the right to housing is not an end in itself, requiring an urbanization context with access to basic services and amenities to citizenship. The land regularization, emerges in this scenario as aggregator factor between the housing and the right to the city, contributing to the ordination of the social functions of the city and of urban property. However, although there is wide legal protection of the right to adequate housing, including specific notes on land regularization, it seems that such legal protection, with so many detailed guidelines have not been enough to guarantee the right to the city, revealing apparent conflict between the facts and the standard hypothesis that rising in this research, which is qualitative with three structural axes: the first is embodied on the contributions of some authors about the guiding concepts of work such as the right to the city, right to decent housing , land tenure and social functions of the city and property; the second axis of research is based on an inventory of legislation covering the main relevant legal frameworks with its proper context to better understand the content of such legal protection to the subject; and the third axis presents a dialogue between the concepts discussed and some fragments of relevant government actions to Regularization, in comparison with the inventoried legislation, taking the city of Natal for example empirical.