Right to household and the urban land regularization law (law n.º 13.465/2017): a study on the institute of land legitimation

Abstract

The Federal Constitution of 1988 ensures the social right to housing and devotes a chapter to urban policy, to build inclusive urban spaces. However, due to the increase of informal settlements, part of the Brazilian population cannot enjoy their right to decent housing, which makes the policy of land regularization a way to combat this situation. With the advent of a new federal urban land regularization law, Law n.º 13.465/2017, this article aims to analyze the legal institute of land legitimation created by this law. It is a bibliographic and documentary research, with a qualitative approach. It was noted that Law n.º 13.465/2017 brought advances and setbacks in order to protect the right to housing, but it is possible to use land legitimation from the perspective of the Charter of 88 and the City Statute, with the goal of building more inclusive urban spaces and democratizing access to urban land.