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During the II Seminar of Land Regularization and the Real Estate Registry Service in the State of Tocantins, held on Friday (August 16th), in the auditorium of the Court of Justice of the State of Tocantins, the registrar of real estate of the city of Palmas, Fábio Roque, presented a lecture on the main controversies and challenges arising from the Law no 13.465/2017. With a technical and historical focus, he highlighted how the legislation revolutionized the process of urban land regularization, while raising issues that still generate debates among experts and professionals in the sector. The table also included the debaters Fernando de Souza Amorim, holder of the Civil Registry of Natural Persons of the city of Palmas; and Clicia Roquetto, real estate registration officer of the County of Pinhão/ PR and Director of Reurb of the Association of Real Estate Registrars of the State of Paraná and Director of Reurb of the Brazilian Real Estate Registry.
The speaker explained that the Law 13.465, created in July of 2017, arose to address a historical problem in Brazil: disorderly urban growth, which resulted in a large number of informal urban centers. "This legislation represents a break in paradigms by making classical legal institutes more flexible and facilitating the large-scale land regularization, allowing, for example, the legitimization of possession through the Reurb, inserting these properties into the official real estate registers".
Also during the lecture, Fábio Roque emphasized that the law has a fundamental role in providing dignity to low-income populations living in irregular areas, ensuring access to essential public services. "Land regularization enables families to have access to basic sanitation, electricity and other essential services. It transforms lives and promotes social inclusion," he said.
In this context, the delegate also highlighted the importance of the active participation of municipalities in the regularization process. "Municipalities need to be proactive, from the identification of irregular settlements to the issuance of the Land Regularization Certificate (CRF). Without the active participation of the city councils, the effectiveness of the law is compromised", he warned.
Regarding the controversies of the law, the speaker pointed out that the definition of 'low income' varies according to the region of the country, which would impact who can benefit from the gratuity provided by the Reurb-S (social interest). "This generates different interpretations and can hinder the uniform implementation of legislation," he noted.
Fábio Roque also warned that land regularization alone does not solve all the problems related to the disorderly growth of cities and the law only applies to occupations formed until December of 2016." It is essential that preventive public policies are adopted to avoid the formation of new informal centers. We need coordination among public authorities, registrars and civil society to ensure that new areas are not illegally occupied", he concluded.