Regularização fundiária sob a ótica do princípio constitucional da solidariedade como instrumento de concretização da dignidade da pessoa humana.

Abstract

This dissertation seeks to demonstrate Land Regularization under the bias of the constitutional principle of solidarity as an instrument for the realization of human dignity. Solidarity becomes an indispensable guideline for the construction and implementation of social policies, with normative force for the legal system, including in the institute of land regularization, prioritizing the social eyesight to the detriment of individualism. The problem is to answer whether land regularization grounded by the constitutional principle of solidarity can be considered as a possible instrument for the realization of the dignity of the human person to those occupants, who are, voluntarily or involuntarily, in hiding? The general objective is to verify if the land regularization applied from the perspective of the constitutional principle of solidarity is a materializing instrument of the dignity of the human person in relation to the occupants who are on the margins of the formal legal system, in a situation of clandestine and uncertainty. The method of approach is the hypothetical-deductive, which consists in the construction of conjectures based on the analysis of hypotheses, seeking to establish to what degree the reincorporation of the individual into the formal system through land regularization applied under the aegis of the principle of solidarity, concretizes the principle of dignity of human person. The research is justified, due to the high incidence of irregular occupation of properties, possession without domain, in Brazil, which determines the lack of formal protection, being necessary to outline all the nuances of land regularization, characteristics, requirements and social impact, so that this significant portion of the population is reincorporated into the system, allowing the person who already has a home to achieve the status of owner. The research technique will be indirect documentation, using bibliographic research in books and scientific articles from the libraries of the University of Santa Cruz do Sul (UNISC); Catalog of CAPES Theses and Dissertations, Portal of Periodicals of CAPES and Brazilian Digital Library of Theses and Dissertations, SciELO, which allow supporting the text and its possible conclusions. The procedures used will be analytical and historical, analyzing the theme and basing its applicability in contemporary times. The proposed theme fits the Program's line of research, which is Contemporary Constitutionalism, due to the need to reread the legal system in the light of the Constitution, privileging the dignity of the human person, solidarity and the development of their personality, the social rights and distributive justice. The institute of land regularization is directly related to the phenomenon of constitutionalization, in particular to the principle of human dignity, a super-principle that must radiate its normative force to all other principles, fundamental rights and other legal norms, which, it is understood, it is only possible through the dignifying instrument that is solidarity. The study is associated with the research line of the Advisor Professor, as it examines the constitutionalization of private law and the application of the Solidarity Principle in interpersonal relationships. The results achieved indicate that Land Regularization, from the perspective of solidarity, can be considered as an effective instrument for the dignity of the human person. However, it should be noted that legislation alone will not solve the problem at all, requiring a proactive action by the registrar.