State intervention, real estate registry, and the effectiveness of legal transactions in land regularization

Abstract

The Brazilian urban reality faces considerable land tenure irregularity and a housing deficit. Recent data from official research institutes corroborate the precariousness of housing and the large number of vacant properties, highlighting the urgency of applying the social function of property to achieve social justice in the right to housing. These irregularities generate negative externalities, such as restricted opportunities and social invisibility, in addition to perpetuating socioeconomic imbalance. The 1988 Constitution focused on Urban Policy and elevated structural aspects of the right to the city to a fundamental level. Property takes on a character of social solidarity. Specifically, the Urban Land Regularization Law - REURB (13.465/2017) seeks to promote access to urban land and decent housing. The security and effectiveness of the legal transactions formalized in these processes, guaranteed by real estate registration, are referred to by the National Council of Justice (CNJ) in Provisions aligned with Brazilian urban policy. They legitimize state intervention through regulations and incentives to make this fundamental right a reality, in line with the Democratic State of Environmental Law. The research will have a deductive approach, using bibliographic and documentary data.