The deconstruction of irregularity and the construction of legitimacy
Loading...
Date
2016
Editors
Journal Title
Journal ISSN
Volume Title
Publisher
AESOP
Abstract
The construction of Brazilian land irregularity coincides with the poor assimilation of private property category by Brazilian law (FONSECA, 2005, p. 110). This has been the case not only as a consequence of the inobservance of the formal model of the land, as defined by Brazilian law in the mid-nineteenth century, with its liberal universal claims, but also as a result of the proposals for the ordering of use, possibilities of land division and the construction of buildings.
In order to ensure the regular occupation category, among others, two linked great founding myths were sought to legitimize its conception. The first being related to the formalities recognized by the State, and the second concerning the meaning of urban order.
In the first case, the legitimacy of the regularity consists of a set of procedures recognized by a private entity with powers analogous to those of the State, that assumes the status of "truth, security and certainty" (GEDIEL, 2009, p. 351) to the individual property owner, as a result of its characterization stated by public faith. From then on, the public records begin stating the individual’s right of appropriation from their lecture method, which distinguishes between fact and norm. However, once they assume the understanding that Brazil is a country of holders, they tend to dissipate that validity appropriation must necessarily coincide with a property title.
Description
Proceedings of the IV World Planning Schools Congress, July 3-8th, 2016 : Global crisis, planning and challenges to spatial justice in the north and in the south
Keywords
License
All Rights Reserved