A regularização fundiária urbana como instrumento do direito à moradia: a Reurb no município de Palmas-TO e a atuação da Defensoria Pública

Abstract

This study analyzes urban land regularization and its relationship with the right to housing, focusing on the municipality of Palmas-TO. Initially, it looks at the historical evolution of the right to housing, which, despite being essential to human dignity, was only recognized as a fundamental right in the Federal Constitution in 2000. The lack of effective public policies and the disordered growth of cities have aggravated housing precariousness, resulting in legal insecurity and the expansion of informal urban centers. The research highlights the impact of Law No. 13.465/2017 (Reurb Law), which introduced a new regulatory framework for urban land regularization, including the Reurb of Social Interest (Reurb-S), aimed at the low-income population. This legislation gave the Public Defender's Office legitimacy to request regularization on behalf of beneficiaries with low income, expanding its role in guaranteeing the right to housing. In the case of Palmas, structural problems persist, such as real estate speculation, peripheralization and failures in the implementation of public housing policies. The analysis of data between 2020 and 2023 shows the inefficiency of municipal management in implementing regularization programmes, the return of funds earmarked for this purpose and the lack of transparency in providing information on informal urban centers. The research proposes an extrajudicial action protocol for the Public Defender's Office in the State of Tocantins, with the aim of improving its performance in administrative land regularization processes. The implementation of this protocol could strengthen the defense of human rights, guaranteeing decent housing conditions for the vulnerable population and promoting greater effectiveness in the application of the Reurb Law.