Regularização fundiária urbana e direito à moradia uma análise da lei n° 13.465/2017 e seus entraves

Abstract

This legal monograph analyzes the legal, political, and administrative obstacles within the scope of the promoting authority that hinder the applicability of Law 13.465/2017, the normative instrument responsible for establishing the legal framework for Urban Land Regularization (Reurb) in Brazil. Through the hypothetical-deductive method and bibliographic and documentary research, the study investigated the extent to which factors such as excessive bureaucracy, high administrative discretion of managers, and the influence of clientelistic practices undermine the realization of the fundamental right to adequate housing. To this end, the study traced the history of Brazilian land policy from the colonial period, through the City Statute (Law 10.257/2001), to the enactment of Law 13.465/2017, whose innovative instruments were examined in their theoretical and practical dimensions. It was found that, despite the modernity of the normative framework, the ineffectiveness of Reurb stems largely from the operational incapacity of municipalities, the lack of specialized technical teams, the absence of standardized registration procedures, and the political-clientelistic instrumentalization of titling processes. The conclusion is that overcoming these obstacles requires not only political will, but structural reforms to strengthen the technical autonomy of municipal entities, promote federative cooperation, and consolidate land regularization as a State policy rather than a government policy, thereby ensuring legal security of tenure and the realization of the right to housing for populations in vulnerable situations.