622.8 The regularization policy between the formalization and the tenure security

Saturday, August 4, 2012: 12:00 AM
Faculty of Economics, TBA
Distributed Paper
Natália LELIS , Pensar Construir Habitar Arquitetura e Urbanismo, Belo Horizonte, Brazil
This work proposes a reflection on the modernizing dimension of land regularization in Brazil, that includes, on the one hand, the disjudicialization of socio-territorial disputes and, on the other hand, the growing mediation of socio-spatial relations by the State -  administrative control and juridicization. The construction of regularization of urban land as an urban policy in Brazil is deeply connected to social movements and to the recognition of the right to remain on the land of communities that live in a constant situation of tenure insecurity with a record of violent eviction.  This concept has been changing over the past years. The new approach that was formally established by a federal law in 2009 defines the process based on a legal, urban and social triad. It is observed emphasis on legal and notarial aspects and to the incorporation of the urbanistic aspects to the land property and tenure concerns. This emphasis has led the concept of land regularization in Brazil beyond the problem of tenure insecurity, what reinforces a question about the meaning of this concept and its outcome.  Many times the restructuring of the urban environment happens, and many times there is not ensure the right of to remain on the land, neither the realization of the social right to adequate housing, nor social justice, that would be the ultimate goals of these urban policies. Taking into consideration the incomplete (or, at least, complex) insertion of Brazil into Modernity, that is also characterized by informality of a series of procedures and social relations, these policies would be strongly associated  to the attempt of modernizing the socio-territorial dynamics, through its formalization.