A LAND REGULARIZATION AS A WAY OF EMBRACING THE FUNDAMENTAL RIGHT TO HOUSING UNDER THE SOLIDARITY PARADIGM

ESSAY ON THE SOCIAL FUNCTION OF THE PROPERTY REGISTER

Abstract

Solidarity is an old theme, however, in the legal sphere, as a paradigm, it is a good topic. The right to housing is a fundamental right enshrined in the Brazilian Federal Constitution, as is the right to property. Several studies show that access to property is also a way of achieving human dignity and promoting social inclusion. Thus, seeks to answer the following problem: Is there a social role played by the Property Register, in the urban land regularization procedure for the purpose of realizing the fundamental right to housing? In order to answer the proposed questioning, the hypothetical-deductive method is used, aiming at two hypotheses: one hypothesis, confirming the existence of the Register's social function and another hypothesis, refuting this function in the course of the urban land regularization process. It is the land regularization of an institute that allows access to the property of the immovable property and, consequently, to the housing itself. The Property Register plays an important role in this scenario, when conducting the land regularization process, under the terms of Federal Law 13.465/2017. It is concluded that the Real Estate Register performs, among several other attributions defined in Federal Law 8.935/94, a relevant role for the effectiveness of land regularization of consolidated and informal irregular occupations, exercising a true social function.