O instituto da regularização fundiária na cidade de Ituiutaba-MG

Abstract

The housing shortage and the number of irregular occupations, allied to the impossibility of a significant portion of the population to fit into the real estate marketing logic, constitute a worrying reality in Brazilian urban centers, favoring the configuration of the so-called “illegal city”. Housing is a necessary presupposition for the individual to have access to the other rights inherent to human dignity, thus ensuring the presence of minimal existential survival. In this sense, it is necessary that the land regularization policy be fostered by the Government, which can be defined as the process of integration of irregular settlements in the legal context of cities, through the adoption of legal, urban, environmental and social measures. It should be noted that recently, Federal Law nº 13.465/2017 was enacted, which deals with the issue, giving it new contours. It is the general objective of the research to understand the process of land regularization in the city of Ituiutaba. In the meantime, the methodology adopted was based on a bibliographic, documentary and case research. Data collection was performed observationally, bibliographically, documentally and in the field. It was diagnosed that the land regularization in the city of Ituiutaba falls only on public real estate, being lots, most of them properly delimited. There is no formation of large consolidated informal settlements, and there are no slums, sloping areas with sliding risks, as well as irregular or clandestine subdivisions, which does not mean that there are no land problems. It was found that the Municipal Law nº 4.545/17, which implemented the “My Legal House Program”, which adopted the legal institute for the costly disposal of public lots to make land regularization viable, was not able to give effect to the regularization of such land. The Manoel Afonso Cancela Industrial District was excluded from its scope, and it also ran into obstacles with regard to real estate located in permanent preservation areas and areas for the construction of public facilities. Given this, the informal urban centers located in the mentioned Industrial District, on Avenida Europa, on the banks of Carmo Stream, and, finally, the one originally constituted on Ipiranga Square, in Independência Neighborhood, were analyzed. As for the first two, it is concluded that it is impossible to regularize land in the areas, but there must be reallocation of the families that really need it. Regarding the latter, the possibility of land regularization was verified, and the new legal institute of land legitimation, provided for in Federal Law nº 13.465/17, could be used for this purpose.