A regularização fundiária no Estado da Bahia: uma análise do Projeto Área Legal à luz do direito à cidade

Abstract

The neoliberal expansion in search of new financial assets has marked a singular feature in the 21st century. The financialization of housing is included in this new global context of capitalism and is improved through the Respective formal domestic legal systems. In this context, in Brazil, Federal Law No. 13,465 / 2017 - ReUrb Law - tends to considerably reinforce the practice of a public policy model aimed at promoting the desires of the market and housing credit. Inserting itself in this important debate, this thesis seeks to analyze the process of land title regularization in the State of Bahia, especially in the cities that were the target of the “Legal Area” Project - developed by the Bahian Court of Justice. To this end, it adopts the theoretical foundation of the right to the city as an analytical tool, based on the assumption that space is socially produced through continuous tension between different actors. The objective of the present work is to understand how the model of land regularization instituted by Federal Law nº 13.465 / 2017 has been disseminated in the cities of the interior of the State of Bahia, analyzing its potentialities and limitations as an instrument that can contribute (or not) to the guarantees of the social function of property and the realization of the right to the city. The research adopts an interdisciplinary perspective and was developed through documentary analysis, referenced by the consultation of legislative norms, municipal executive decrees and audios of the speeches given at the ReUrb events in cities in the interior of the State published on the website of the Court of Justice of Bahia. The procedure of confronting the speeches given in the events of the “Legal Area” Project with the theoretical framework considered in this work allowed us to dismantle the idea that individual titling necessarily results in the improvement of the socioeconomic conditions of the population reached by regularization. Furthermore, the research revealed that the speeches emanating from public authorities are primarily associated with the economic dimension of the institute, which tend to emphasize the interests of the real estate and financial markets to the detriment of the rights to housing and the city. The results, therefore, demonstrate that the ReUrb Law lacks mechanisms that guarantee the city's social function, and that simple titling without the counterpart of an urbanization process that improves the living conditions of citizens can become an instrument of violation of right to the city.