O papel da regularização fundiária urbana (REURB) no alívio do sistema judiciário : estudo de impacto.

Abstract

This study aims to analyze the implementation of land regularization policies and their impact on relieving the judicial system's burden. The number of lawsuits involving Urban Land Regularization often faces a common problem related to high demand and the length of time required for resolution. This effectively overwhelms the judicial system, generating a high demand for litigation and prolonging dispute resolution. This often leads to a lack of adequate access to decent housing for various population groups, especially those in situations of social vulnerability, resulting in the creation of slums, occupations in permanent preservation areas, and informal settlements. The excessive bureaucracy present in these regularization processes and the lack of interest in conflict resolution contribute to a massive burden, creating additional barriers and increasing the time required to formalize properties, which in turn causes irreparable harm to owners and squatters, as well as directly impacting the lack of infrastructure and basic sanitation in informal areas. The problem in this paper is the analysis of the use of Urban Land Regularization as a tool to streamline judicial processes, given the slowness and overload of the judiciary. REURB is a solution to problems involving informal property regularization, as it aims to promote legal certainty and the legalization of urban occupations through extrajudicialization, which can result in a substantial reduction in the number of lawsuits related to land disputes. By formalizing the status of many informal occupations and resolving issues of ownership and possession, REURB has the potential to decongest the judicial system. The methodology applied in this final project is characterized as exploratory research, utilizing case study procedures, documentary research, and bibliographical research. A dialectical method was adopted to visualize the factual situation based on an understanding of social dynamics. The purpose was to explain the current situation of the judicial system regarding urban land regularization, as well as demonstrate the debureaucratization through the extrajudicialization of processes, using the chosen research methods. In conclusion, the analysis of this project demonstrates that REURB is an effective and efficient tool for addressing the housing problems faced, particularly regarding its effects on the overloaded judicial system, procedural delays, and success in achieving housing equity. Finally, it is worth highlighting that this project evaluates and demonstrates the impacts generated by REURB Municipality of Capão da Canoa, and the debureaucratization of processes through the application of Urban Land Regularization through public and private management.