A dificuldade da regularização fundiária extrajudicial no Brasil: uma análise da Lei nº 13.465/2017, a participação do ente municipal e o reflexo no direito à moradia

Abstract

This study analyzed the difficulty of extrajudicial land regularization in Brazil, with particular attention to Law 13.465/2017, municipal participation, and its impact on the right to housing. In addition, the study aimed to examine the role of the State, especially municipalities, in the Urban Land Regularization (Reurb) process, identifying benefits for citizens and municipal entities, as well as the reasons that hinder the application of the aforementioned law by city governments. To this end, a qualitative and descriptive approach was used, based on bibliographic and documentary research. From this perspective, the study described the historical panorama of land inequality in Brazil and the legislative evolution that culminated in Law 13.465/2017, which instituted Reurb, its modalities and instruments, promoting dejudicialization and giving the municipality a central role in the administrative registration procedure. Despite regulatory innovations and principles such as the social function of property, sustainability, and participation, the implementation of the law faces significant barriers. In addition, criticism has been levelled at the priority given to mass titling, which often occurs without proper urban and social integration, undermining the transformative potential of the policy. Therefore, the main obstacle lies in “municipal negligence,” characterized by a lack of technical structure, budgetary capacity, integrated planning, and political will, which obstruct the effective conduct of Reurb processes. Other challenges include bureaucracy, lack of registration standardization, difficulties with technical studies, conflict with private interests, and social barriers such as lack of information and difficulty in obtaining consent. Thus, it was concluded that Law 13.465/2017, despite its potential to promote extrajudicial land regularization and the right to housing, its effectiveness is compromised by implementation obstacles, reinforcing the urgent need to overcome municipal omission and integrate titling into broader urban policies that guarantee social justice and sustainability, going beyond mere formalization of ownership to realize the right to housing fully.