Usucapião especial coletiva como instrumento de regularização fundiária em assentamentos informais: entre a efetividade da função social da propriedade e a necessidade de políticas públicas de urbanização

Abstract

This article analyzes collective special adverse possession as an instrument for land regularization in informal urban settlements, in light of the principles of the social function of property and the right to housing. The research problem investigates whether land regularization promoted by this legal institute is sufficient to ensure the right to adequate housing and the right to the city, or whether its effectiveness depends on integrated action by the Public Authorities through urban planning policies. The hypothesis maintains that collective special adverse possession represents a significant advance in providing legal certainty to possession; however, its social effectiveness is limited when it is not accompanied by public policies aimed at urbanization, infrastructure, and socio-spatial integration. The adopted methodology is dogmatic-normative legal research, with a qualitative approach, developed through a bibliographic review of specialized legal doctrine, analysis of legislation, and examination of relevant case law. The results demonstrate that the institute operates effectively within its scope of application, promoting legal certainty and partial realization of the right to housing, but that its full effectiveness depends on its coordination with urban planning measures provided for by the legal system, especially those established by the City Statute. It is concluded that land regularization and urban regularization are distinct phenomena, and that Law, by itself, is not capable of remedying the deficiencies in infrastructure and public services that characterize Brazilian informal settlements. Keywords: collective special adverse possession; land regularization; social function of property; right to housing; informal settlements.