The land property regularization of housing sets according to law 13.465/2017 and the social function of the property

Abstract

This article brings an analysis of cases using the legislation of Land Regularization in force in the country, in order to propose legal solutions to solve conflicts and assign the social function of property to ensure the right to housing. The work aims to reflect on the advances and gaps that Law 13.465/2017 brought as the main tool in land regularization in irregular areas for over forty years in the State of São Paulo. However, as it does not foresee all the hypotheses or let the regularization for another moment, it has been used in conjunction with other laws, and articulations with local actors from various spheres of power, which can compromise the progress of regularization depending on the priorities of the local power. It is intended to demonstrate solutions in order to avoid the judicialization of procedures for the formation of persuasion of those involved in the land regularization procedure. We also intend to discuss which their responsibilities are, and how the interference of the various spheres of local power, especially the Real Estate Registry Offices, can delay or accelerate the processing of irregular assets in the municipalities, generating land litigation liabilities in cities, increasing the housing deficit and aggravating the situation of social exclusion and poverty of the low-income population.