New tools for sustainable urban land regularization in permanent preservation areas: The 11.977/09 Brazilian Law Implementation

Julia Lopes da Silva

Laura Machado de Melo Bueno

Patricia Rodrigues Samora

ABSTRACT: The right to housing is intrinsically related to urban-environmental conflicts as a result of the process of social and spatial exclusion characteristic of the economic system in force , causing a significant portion of the low income population to be neglected and left on the margins of human rights, particularly when it comes to the right to housing, which, in turn, causes this population to occupy and set dwelling in environmentally sensitive areas. In this context, the regularization of land in Brazil has gone through an important advancement with Federal Law no. 11.977/2009, due to innovative possibility to regularize human settlements of social interest in consolidated urban areas, even when partially or fully inserted in Permanent Preservation Areas (PPA’s). This article discusses the challenges for the application of said urban law in the process of legalization and transformation of informal urba from the perspective of their socio-environmental sustainability. This way, the necessary interventions must aim at improvements in environmental conditions, in accordance with the recovery of the social liabilities of the occupied area, so as to ensure an ecologically balanced environment using compensatory, mitigating, and recovery actions to these areas. Such actions must enhance the interaction between the environment and the city and take into consideration the importance of the legal regulation to promote a sustainable regularization of the urban land where social justice can prevail.

Open PDF