Introdução Lei N° 13.465/2017

Summary

In this lesson, Professor Alberto Veras introduces the topic of urban land regularization through Law 13.465 of 2017, also known as REURB. The law aims to legalize informal urban areas, ensuring property rights for residents through legal, urban, environmental, and social actions. It outlines fundamental guidelines and objectives for public policies, such as promoting housing rights, social function of property, and efficient land use. Key concepts like urban nuclei, urban demarcation, and possession legalization are explained. The process of approving REURB projects, including the environmental studies required, is also discussed, along with municipal and state responsibilities in the approval process.

Takeaways

• 😀 The main focus of Law 13.465/2017 is on urban land regularization (Reurb), aimed at legalizing informal urban areas and guaranteeing property rights for residents.
• 😀 Reurb involves legal, urbanistic, environmental, and social actions to integrate informal settlements into the legal urban context.
• 😀 The law establishes guidelines in Articles 9 and 10, introducing essential rules that guide the urban land regularization process.
• 😀 Reurb aims to ensure the function of social property, promote the right to decent housing, and effectively organize urban development.
• 😀 The law defines the roles of different government levels (federal, state, municipal, and district) in executing Reurb-related policies.
• 😀 Article 11 of the law provides clear definitions for key terms like urban nucleus, urban demarcation, and legitimacy of possession to avoid ambiguities and ensure consistent interpretation.
• 😀 Some critical concepts highlighted in the course are urban nucleus, demarcation, and legitimization of possession, as well as their application to rural and environmental preservation areas.
• 😀 For Reurb approval, technical studies are required to justify improvements in environmental conditions based on the previous informal occupation, conducted by legally certified professionals.
• 😀 The studies related to Reurb are specifically for parts of informal urban settlements located in areas of environmental importance and may be conducted in stages.
• 😀 Municipal urban approval of Reurb projects is also linked to environmental approval; if the municipality lacks an environmental body, state authorities may approve the environmental aspect of the project.

Q & A

What is the main focus of Law No. 13.465 of 2017?

The main focus of Law No. 13.465 of 2017 is urban land regularization, known as REURB, which aims to legalize informal urban areas and ensure property rights for residents through legal, urban, environmental, and social actions.

What does the term 'REURB' stand for, and what is its purpose?

REURB stands for 'Regularização Fundiária Urbana' (Urban Land Regularization). Its purpose is to legalize informal urban areas and guarantee property rights to residents, involving legal, urbanistic, environmental, and social interventions.

What are the key objectives of REURB as outlined in the law?

The key objectives of REURB include ensuring the social function of urban property, promoting the right to dignified housing, organizing urban development, ensuring efficient land use, and integrating informal settlements into the legal and urban context.

How does Law No. 13.465 address sustainability and territorial planning?

The law assigns the state the responsibility to create public policies based on economic, social, and environmental sustainability, along with territorial planning. This aims to organize urban space in a practical and effective way.

What is the significance of Article 11 of Law No. 13.465?

Article 11 of Law No. 13.465 provides clear and precise definitions of key terms related to the legal text, such as 'urban nucleus,' 'urban demarcation,' and 'possession legitimation,' which help avoid ambiguities and misinterpretations.

Why are the concepts of 'nucleus urbano,' 'urban demarcation,' and 'legitimação de posse' important?

These concepts are crucial because they directly relate to the process of urban land regularization and will appear frequently in the course. Understanding these terms is essential for interpreting the law's guidelines effectively.

What is required for the approval of REURB in municipalities?

For REURB to be approved in a municipality, technical studies are often required to justify environmental improvements regarding the informal occupation. These studies must be prepared by legally qualified professionals and be compatible with the land regularization project.

Who is responsible for approving the environmental aspects of REURB?

If a municipality has an environmental agency, the approval of REURB’s environmental aspects is handled by that agency. However, if no such agency exists, the state authorities can approve the environmental aspects of the project.

Can REURB projects be approved in stages?

Yes, REURB projects can be approved in stages, particularly when addressing parts of informal urban areas that are of significant environmental importance.

How does REURB integrate informal settlements into the legal framework?

REURB integrates informal settlements into the legal and urban framework by promoting legal recognition of property rights, ensuring access to essential urban services, and aligning informal areas with the broader urban planning policies.