Land tenure and tenure legitimation: controversies over land regularization institutes regulated by Law No. 13,465/2017

Abstract

The article addresses two of the instruments of land regularization provided for in Law No. 13,465 / 2017: land ownership legitimation and tenure legitimation. The rules that discipline the two institutes are compared with the Federal Constitution and are analyzed both within the scope of the Reurb of social interest (Reurb-S) and in the Reurb of specific interest (Reurb-E). It is also pointed out the differences in the application of the instruments to public and private property, comparing them to other institutes used in the process of land tenure, such as adverse possession and the granting of the real right of use. The discretionary nature of the granting of legitimation is especially addressed, as well as its collision with the principle of impersonality, given the absence of objective legal requirements for its granting. It is also verified whether the legitimation of land tenure in a public area conflicts with the constitutional rule that requires prior bidding for the sale of assets owned by the Administration.