Federal Law 13.465/2017 and its justification: the imposition of a developmental model hidden by the promise of procedural dynamization of regularization of land tenure

Abstract

With the enactment of the Federal Constitution of 1988, the elaboration, understanding and application of federal legislation regarding land regularization was implemented based on the urban policy guidelines established in the City Statute. The edition of Provisional Measure 459/2009, transformed into Federal Law No. 11.977/09, had the important mission of covering the gap in Brazilian legislation on land regularization matters. With a broad conceptualization, full land regularization began to be understood as the set of legal, urban, environmental and social measures capable of guaranteeing the social right to housing, the full development of the social functions of urban property and the right to the environment ecologically balanced. However, the alteration of the institutions, here understood as the relational arrangements of actors, in the sphere of the Federal Executive Power, also implied in the
shaping of the legislation for the modification of the final objective of the role of the land regularization policy, being seen as a means of obtaining title deed by the poor population for their access to the financial market through the guarantee of titled real property. This article proposes to analyze the institutional discourse carried out to justify this cultural change.