Urban land regularization instruments and the enforcement of the right to decent housing in Brazil: a proposal for systematic interpretation of article 1,228 of the Civil Code and the Land Regularization Act

The population increase without the proper fulfillment of the right of property has been growing, making it necessary an analysis of the reality from the rules that protects citizens in relation to their homes. This research aims to investigate the institute of Urban Land Regularization (Reurb) in the light of Brazilian Law No. 13,465 of July 11, 2017, but also through Brazilian Federal Constitution of 1988 and of article 1,228 of Brazilian Civil Code. It presents how the combination of Reurb and article 1,228 provision can assist in the preservation of the social right to housing and property, as well as to raise possible legislative gaps on the subject. In order to achieve the main axis of this study, it adopts deductive methodology through qualitative research, based on literature, laws and jurisprudence. It concludes that article 1,228 of the Civil Code, as well as Reurb, can be used in a complementary fashion, and not by exclusion, aiming the purpose of promoting low-income population access to a property with fair real nature title. Nevertheless, it is necessary for the State to exercise actively its obligation to enforce the fundamental rights of individuals, more specifically the right to property.