THE IMPORTANCE OF URBAN LAND REGULARIZATION FOR THE GUARANTEE OF FUNDAMENTAL RIGHTS

Abstract

The present study aims to examine the realization of various fundamental rights in Brazil, with an emphasis on the rights to housing, human dignity, equality, and property. Despite the constitutional protection granted to these rights, millions of Brazilians still face precarious housing conditions, a result of deep social inequalities, inefficient public policies, and real estate speculation. In this context, the Urban Land Regularization Law (Reurb), established by Federal Law No. 13,465/2017, emerges as a crucial instrument to address these challenges by simplifying the process of regularizing informal urban settlements. This article analyzes Reurb, highlighting its advances, such as the creation of faster mechanisms for property titling, the promotion of the right to dignified housing, and the social integration of vulnerable communities. It also discusses the main challenges that persist, such as bureaucratic hurdles, a lack of financial resources, resistance from certain social sectors, and the need to ensure the equitable distribution of benefits. Furthermore, the study emphasizes that public participation is essential for the success of land regularization processes, ensuring transparency and upholding the constitutional principles of equality and human dignity. Although Reurb represents significant progress in promoting fundamental rights, its effective implementation demands concrete measures, such as strengthening public investment, expanding public awareness of the importance of regularization, and improving coordination between public and private actors involved. The conclusion is that urban land regularization, beyond merely legalizing land tenure or property ownership, is an essential tool for sustainable urban development, social inclusion, and the promotion of full citizenship. By contributing to the simultaneous realization of various fundamental rights, Reurb establishes itself as a key driver of social justice and the fulfillment of constitutional values.