With more than a thousand subscribers, Esmat gathers experts in an event on Land Regularization

The Seminar on Land Regularization and Extrajudicial Real Estate Registry Services was a success. Held this Friday (March 24th), with live broadcasting in the auditorium of the Court of Justice of the State of Tocantins (TJTO), by the Superior School of the Judges of the State of Tocantins (ESMAT), the event opened space for several discussions about the routines involving land conflicts.

Land Regularization refers to the process of public intervention, under the legal, physical and social aspects, which aims at providing legal security both in the countryside and in the cities. Aiming at expanding the institutional dialogue, the Seminar was divided into six panels with varied themes on the processes that govern this system.

Richard Martins Torsiano, Executive Director of R. Torsiano Agrarian, Environmental and Fund Consulting and International Consultant of the Food and Agriculture Organization of the United Nations (FAO), besides being an international specialist in governance and land administration, was responsible for opening the first round of lectures, with the theme on "Land Regularization, Legal Security and Sustainable Development".

During his presentation, the speaker talked about the constitutional bases of rural land regularization; besides commenting on the history of land governance and land policies in Brazil, he pointed out the importance of understanding the national and international historical context of the land issue, as well as the relevance of land governance and the structuring of land administration systems in Brazil. 

“Before going into legislation and processes, it is important to have knowledge of the national and international historical context about the land issue, so that we can proceed to these processes and discuss a little bit about legal security and sustainability. Another point is land governance. Why this theme? It is not possible to govern an unknown terrain. This is a fact observed in several countries and in Brazil. It is not possible to formulate a public policy for land regularization when the State does not know the territory and, even worse, when society does not know this territory. To know the territory, it is fundamental that the State structures the land administration systems in an adequate way. We need to think about working this in a way that we can have a useful and updated cadastre, integrated, especially between the register and the land registry", he pointed out.

The first of six panels, presented by Valdiram Cassimiro da Rocha Silva, president of the Association of Notaries and Registrars of the State of Tocantins (ANOREG), focused on aspects related to rural land regularization in the State of Tocantins. Present as mediator was the magistrate Wellington Magalhães, and as debater Vagmo Pereira Batista. 

"Land regularization is of fundamental importance for the economic and sustainable development of the Federative Republic of Brazil, and one of the objectives is to ensure a free, fair, and solidary society," Wellington highlighted.

Still in the morning, panelist Ana Cristina Maia, a real estate registry official in the city of Mariana (MG), presented an important overview of the real estate registry and Reurb - a procedure that guarantees the right to housing for those who live in informal settlements located in urban areas.

During the afternoon, the new dynamics of certificates at the Real Estate Registry was the theme of the presentation by Flaviano Galhardo, 10th Real Estate Registry Officer of São Paulo. Mediated by magistrate Wellington Magalhães and debated by Valdiram Cassimiro da Rocha Silva, the third panel brought a picture of this new model of procedure, brought about by changes in Law 6,015 of 1973, which regulates public registries in Brazil.

The fourth panel, with the theme on "Parish Registration and its Registral Convalidation", was presented by Valdiram Cassimiro da Rocha Silva, ministered by Vagmo Pereira Batista, Public Notary and Real Estate Registrar in the city of Brejinho de Nazaré (TO), and mediated by Wagner José dos Santos. On the occasion, besides bringing the topic to a perspective experienced in the State of Tocantins, the notary explained what each term of the theme means, how they relate to each other, and when they should be applied.

Mediado por Océlio Nobre da Silva e debatido por Ana Cristina Maia, o penúltimo painel do dia discutiu sobre a importância do Reurb e o papel do Poder Judiciário e municípios nesse processo. Michely Freire Fonseca Cunha, registradora de Imóveis em Virginópolis (MG), apresentou, durante sua palestra, alguns parâmetros de como o Judiciário pode atuar nos municípios. Em sua fala, ressaltou que o Tribunal de Justiça – quando promove regularização fundiária – atua preventivamente, evitando judicializações que aumentam o acervo e contribuem para a demora na prestação jurisdicional. 

Mediated by Océlio Nobre da Silva and debated by Ana Cristina Maia, the penultimate panel of the day discussed the importance of Reurb and the role of the Judiciary and municipalities in this process. Michely Freire Fonseca Cunha, a real estate registry in the city of Virginópolis (MG), presented, during her lecture, some parameters of how the Judiciary can act in the municipalities. In her speech, she emphasized that the Court of Justice - when promoting land regularization - acts preventively, avoiding judicializations that increase the backlog and contribute to the delay in the judicial provision.

"Reurb adherence in the municipalities can be a very promising stimulus for development, thus making this move in the cities, with the municipality being the main role in Reurb," he explained.

With wide attendance in the city of Palmas, the Legislative Changes, the New Provision of the General Internal Affairs of Justice of the State of Tocantins, and Enunciations of the I Notarial and Registral Law Journey were argumentation themes for the speaker Wagner Jose dos Santos, coordinator of the Notarial and Registral Services at the General Internal Affairs of Justice of the State of Tocantins.

Wagner pointed out the importance of the great advance of Law No. 11,977 of 2009, especially with the advent of the Federal Law No. 13,465 of 2017. "The understanding of urban land regularization is a set of legal, urbanistic, environmental and social measures aimed at the incorporation of informal urban centers to the urban territorial planning and the titling of its occupants," he said.

The coordinator also pointed out that the current Law of Urban Land Regularization, which, due to its flexibility, enables thousands of Brazilians to have their houses regularized. This last panel was attended by the debater Valdiram Cassimiro da Rocha Silva and the mediator Esmar Custódio Vencio.

Finally, the magistrate Wellington Magalhães, Coordinator Judge of the Center of Prevention and Land Regularization of the Court of Justice of the State of Tocantins (TJTO), commanded the closing plenary of the Event.


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