Banca de DEFESA: JOÃO MANOEL DE VASCONCELOS BEZERRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : JOÃO MANOEL DE VASCONCELOS BEZERRA
DATE: 29/01/2024
TIME: 14:00
LOCAL: Realizada por videoconferência.
TITLE:
KEY WORDS:

Population density; Urbanization; Right to Housing; Urban special usucapião; Usina Trapiche.

PAGES: 152
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

The present dissertation analyzes the Brazilian urbanization process, especially in the city of
Recife-PE and the former subdivisions of Usina Trapiche S/A. In this work, an investigation
was carried out on the relationship between Human Rights and the right to decent housing
through the declaration of Usucapião, as a way to guarantee these rights to residents, through
the struggle for the occupation of spaces and formalization of housing, so that they may cease
to be invisible to the eyes of the public power, especially, that they may become recipients of
programs and implementations of public policies to improve the processes of application of
the Usucapião institute, in order to reduce the social gaps resulting from the urbanization
process. Issues were addressed about how the urbanization process took place, a fact resulting
from a disordered process, with population growth and the accentuation of social inequalities.
Through the analysis of the factors related to urban social conflicts, in the face of disputes
over the right to decent housing, especially in the case of Recife-PE, it was sought to identify
the obstacles and successes of the applications of the institute, areas that are potentially
subject to land regularization with judicial lawsuits of usucapião in progress and the analysis
of strategies for the implementation of these demands. The analysis of the cases of usucapião
against Usina Trapiche in the Metropolitan Region of Recife revealed challenges, highlighting
long judicial processes, variability in legal interpretation and the influence of socioeconomic
factors to obtain positive results by the parties. Some of the main results include the average
time of 8 years for the processes, the presence of economically disadvantaged litigants, the
predominance of documentary and testimonial evidence, and the influence of representation
by the Public Defender's Office in the representation of the parties. The slowness in the
formal registration of property and the delay in obtaining information from the Public
Treasury were identified as a key point to obtain the registration at the notary's office and, in
the vast majority of cases, an obstacle to the realization of the formalization of housing. The
TJPE seeks to expedite processes with initiatives such as the Legal Housing Program and the
Land Rush, to reduce the number of processes in progress and thus allow a faster registration
through the administrative route, but these efforts still present challenges, especially for
properties that are not located in areas of Reurb-S. Thus, the study highlights the need for
comprehensive public policies to guarantee the right to decent housing, especially for
vulnerable populations, for the improvement of usucapião processes, including judicial efforts
to simplify and accelerate processes, as well as measures that guarantee equal access to the
legal system, especially for the most vulnerable layers of the population.

COMMITTEE MEMBERS:
Presidente - 275700 - ANA CLAUDIA ROCHA CAVALCANTI
Interno - 2926999 - JAYME BENVENUTO LIMA JUNIOR
Externo à Instituição - NELSON SAULE JUNIOR