Regularização fundiária na cidade de Piracicaba-SP: ações e conflitos

Abstract

This work treats the issue of the land regularization of shantytowns, which, analyzed as a wider subject, also includes urban and juridical interventions. This research focused on the difficulties found in the development and conclusion of the land regularization legal processes, specially the juridical matter, in other words, the possession or property of the land, which the occupants demand so much. For an empirical approach, we studied Piracicaba, a town in the state of São Paulo, Brazil. On the subject of shantytowns, Piracicaba is different from most of the average sized towns in the country, both in quantity and urban location. While most of them have around 20% of their populations living in shanty towns, precarious urban outline and lack of infra-structure, the population that lives in shanty towns in Piracicaba is 5%, most of their nuclei present a reasonable urban outline and, at least, they have access to basic infra-structure. The hypothesis that led the research was that the legal processes of land regularization in shanty towns in Piracicaba were not concluded because of the absence of an inhabitation public policy, that included the land regularization, in which conditioning factors for the formulation and implementation of the legal processes are essentially the elaboration and materialization of the legislation, the existence of institutional stability, the continuance of administrative actions when there is a change in the government, financial viability, and the necessity of the participation of the population. To verify the hypothesis, we have picked, as studies of cases, three nuclei of shantytowns, among the fourty existent in Piracicaba, verifying the evidences that occurred in each regularization legal process that intercepted their conclusions. The period of analysis happens from the beginning of 1991 to the end of 2004. The methodology included bibliographical revision of the literature and the study of the legislation related to the subject, the documental analysis of the empirical processes found in the municipal bodies, interviews, the elaboration of a chart showing the evidences that happened in the three legal processes that were studied, and the organization and analysis of the information obtained for the hypothesis verification. At the end, we present the final considerations, showing that the initial hypothesis was confirmed.