URBAN LAND SETTLEMENT: AND THE LEGALIZATION OF URBAN ALLOTMENTS

Abstract

The general objective of this article is to understand the Institute of Land Regularization, its importance in our daily lives and the repercussion on fundamental constitutional rights, aiming to address urban land regularization resulting from irregular and clandestine allotments, according to the Law of rural and urban Land Regularization n. 13.465/2017, Resolution n. 8/2014 of the State of Santa Catarina and Complementary Law n. 337/2016 of the Municipality of Herval D'Oeste. It should be emphasized that the disrespect of federal, state, and municipal laws, caused the acquirers to build and reside their dwellings in their properties, however, due to the irregularity of the creation of allotments and dismemberments, they cannot properly register them in their respective names. This is a bibliographical research, carried out by the deductive method, based on doctrinal foundation, application of special legislation on federal, state and municipal land regularization, scientific articles, and jurisprudential understandings. Thus, it is intended to demonstrate the possibility of transforming properties considered "informal" or "clandestine" into legitimate allotments, according to current legislation and following the application of the fundamental rights of property, housing, and the dignity of the human person.