O registro imobiliário da regularização fundiária e sua contribuição para o desenvolvimento humano e econômico: perspectivas para o Morro Santa Terezinha

• Ano de defesa: 2023
• Autor(a) principal: Cruz, Rafael Cavalcante
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Registro de imóveis; Assentamento urbano; Periferia urbana; Requalificação urbana; Desigualdade socioeconômica; CNPQ::CIENCIAS SOCIAIS APLICADAS
• Link de acesso: http://repositorio.ufc.br/handle/riufc/76851

Indicates a tool that assists human and economic development through real estate registration of Land Regularization, given the serious social and economic problem of contemporaneity, as well as widespread land irregularity in Brazil. The subject under discussion is land irregularity - social inequality in Morro Santa Terezinha, located in Fortaleza, CE, as in this place, human dignity is not observed in a significant existential dimension in the lives of its residents. This fact arises, to a large extent, from colonization and the lack of organization in the history of disorderly occupation linked to the phenomenon of rural exodus in the state of Ceará. In this context, questions arise about the available tools to change this context and how the registration of land regularization can contribute to the human and economic development of this type of region. Thus, the research aims to analyze whether the real estate registration of Urban Land Regularization for Social Interest would be a tool for human and economic development. The answer to this question was sought based on the general objective set to point out what human and economic development would be from the perspective of Amartya Sen and how development can alter reality and contribute to the expansion of freedom and opportunities for individual choice. Due to the complexity of the research, a transdisciplinary dialogue was established between Law and Economics. The deductive method, of a qualitative nature, was used to analyze data from the Brazilian Institute of Geography and Statistics, the Municipality of Fortaleza, especially HABITAFOR, responsible for the implementation of Urban Land Regularization in the city of Fortaleza, and the Institute of Research and Economic Strategy of Ceará. Bibliographical, documentary, and jurisprudential research were also conducted. The work consists of five chapters. In the second chapter, immediately after the Introduction, which is the first, Land Regularization is discussed, including its object, norm, and procedure, as well as its implementation as a public policy for dignified housing, in addition to the relevance of property registration and its relationship with Land Regularization. In the third segment, development is addressed in both the human and economic aspects, observing how the registration of Land Regularization contributes to development, not only as economic growth but also as broad human development that contributes to the substantial freedom of the individual and offers a wide range of choices for a more dignified life, as well as access to infrastructure and public services resulting from Land Regularization for Social Interest. The fourth chapter intends to contribute to a better understanding of the problem through a case study, addressing the possible effects of Land Regularization in Morro Santa Terezinha. Indeed, an analysis of its origin and its phenomenon of disorderly occupation without adequate infrastructure and public services, as well as historical environmental problems, is carried out. It is concluded that Urban Land Regularization for Social Interest constitutes one of the instruments of human and economic development, with significant potential to alter the serious social and economic situation of Morro Santa Terezinha, although alone it is not sufficient for full development.