THE SOCIAL FUNCTION OF PROPERTY AND THE CONSTITUTIONALITY OF REURB IN MANAUS: AN ANALYSIS OF MUNICIPAL LAW NO. 2,492/2019 AS AN INSTRUMENT FOR REALIZING THE RIGHT TO HOUSING

Abstract

The municipality of Manaus, marked by a disordered and chaotic urban expansion, is experiencing a historical housing crisis. This article seeks to analyze the urban housing crisis in Manaus from the perspective of Constitutional Law, specifically in the application of Municipal Law No. 2,492, of August 27, 2019, as the basis for Land Tenure Regularization (REURB) in the municipality. It is highlighted that the Municipal Law addressed in this study stems from Federal Law No. 13,465, of July 11, 2017, which establishes general rules and procedures applicable to REURB. The main objective is to study the constitutionality of the Municipal Law and its impacts on legal certainty, analyzing whether the titling of occupants without prior compensation to the owner of the area constitutes a violation of the right to property or if there is the legitimation of the exercise of the social function of the land. Utilizing the doctrines of José Afonso da Silva and Robert Alexy, the research discusses the concept and legal nature of the social function of the land and the balancing of constitutional principles. The research was conducted through bibliographic and documentary analyses of federal and municipal legislation, pointing out that Municipal Law No. 2,492/2019 acts as a legal instrument of Land Tenure Regularization by performing it as a modality of original acquisition of domain. It is concluded that the Municipal Law is constitutional, given that the protection of private property is not absolute, being superseded in the face of non-compliance with the social function of the land and the need to realize the right to housing and human dignity for the population of Manaus.