Conflitos fundiários e a regularização de terras: a função social da propriedade e os instrumentos legais de pacificação social

Abstract

Land conflicts in Brazil represent complex social, legal, and economic challenges, resulting from the historical concentration of land ownership, insecure land tenure, and the absence of effective public policies for territorial planning. The Federal Constitution of 1988 conditioned the right to property to the fulfillment of its social function, transforming it into a right-duty oriented toward the collective interest. In this context, land regularization emerges as a fundamental instrument for social pacification, promoting legal certainty, social inclusion, and sustainable development. This article analyzes the constitutional foundations of the social function of property, urban and rural land conflicts, as well as the legal instruments available for land regularization, with emphasis on Law No. 13,465/2017. The research adopts a qualitative methodology, based on bibliographic and documentary analysis, including legislation, legal doctrine, and jurisprudence. It is concluded that land regularization constitutes an essential mechanism for the realization of fundamental rights, especially the right to housing and the dignity of the human person Keywords: land conflicts; social function of property; land regularization; right to housing; agrarian law