Propostas de modelos de soluções de problemas fundiários a partir de dados dos órgãos públicos da cidade de São Carlos - SP

Abstract

This thesis addresses the issue of litigiousness in legal actions of urban land conflicts and proposes models for their solutions, in public and delegated bodies. The objectives were to identify and analyze institutionalized urban land conflicts distributed in public agencies in the Municipality of São Carlos - SP, map the geographical location and suggest Mediation models. The method used was the quanti-qualitative approach, with descriptive analysis of data, with observation and action of empirical research, in the transversal line, in the period of five years (2013/2017) of the processes of the database of the State Public Ministry, Justice State and Federal Justice of the adopted local constituency. The Excell platform was used to tabulate the data into previously prepared categories, for subjects of interest to the urban theme, composing a set of results from the judicial proceedings, of each body. This new methodological procedure demonstrated a logical sequence of the data collection steps of the procedural rite, in each public agency, with its specificities presented, discussed and contemplates the deepening of subjects, with the advantage of arriving at the diagnosis of the effectiveness of the processes and efficiency of the institutional management. To register the location of the occurrence of each conflict, the Geographic Information System platform was used, which represents the union of hardware and software capable of storing, analyzing and processing georeferenced data, containing digital files in raster format (images of satellite) or vector (points, lines or polygons), with the support of using Google Earth software online and Google Earth PRO, for the production of mosaics, with the manual drawing of random cutouts from cartography. The results show the diffusion of environmental and urban illegality in the study area, showing the need for changes in theoretical property paradigms, a new conflict theory and models for resolving environmental and land tenure conflicts, in order to avoid litigious impoundment in public bodies, extrapolating to the administrative sphere of solutions to land problems. The implementation of this methodology optimizes the internal and external communication of information on binding acts of the computerized system between public judicial and extrajudicial bodies. It provides multiple forms of real estate legalization solutions and price equations for land regularization services through registries. It presents new forms and classifications of administrative, environmental, community and land tenure, in its pure, mixed or hybrid character, depending on the complexity of solving the land problem pending conflict resolution. It proposes inverted and cyclical scales of popular participation in the systemic axes of the phases of conflict solution processing. The new structural and complex diagram enables shared inter-federative governance by deconcentrating public services and decentralizing protocols and their regulation. This new vision of alternative mechanisms reduces litigation and favors public policies for local urban land regularization, with potential for employment in all brazilian cities.