Full text
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| Author(s): |
Fernanda Accioly Moreira
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Arquitetura e Urbanismo (FAU/SBI) |
| Defense date: | 2018-06-06 |
| Examining board members: |
Raquel Rolnik;
Celso Santos Carvalho;
Luís Fernando Massonetto;
Orlando Alves dos Santos Junior
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| Advisor: | Raquel Rolnik |
| Abstract | |
The delimiting and separating effort of what would be constituted as private property, in opposition to what was state-owned, occurred from the middle of the nineteenth century, in the context of the Brazilian state\'s process of insertion into the international capitalist logic and its related productive process transformation. As a result of this process, private property and the public property were established simultaneously. In reality, the informality of the public land tenure in Brazil interfered in the occupation of the territory, and encouraged countless urban and rural land conflicts. And yet, throughout Brazilian history, the lenient treatment given to the management of the national heritage benefited an illegal and improper appropriation of large fractions of national public areas by individuals using the \"legalisation and false legalisation\" game. This management of the national heritage is characterised by total ignorance of public dominance and the difficulty of the State to regulate and truly control the access to land and natural resources. Since 2003, the management of the national heritage in Brazil has adopted a number of administrative and legal changes by revising the state ownership role as \"heritage of every Brazilian\", aiming the social function of public property and reversing the historical logic of centralisation of decisions, a perspective reduced to revenue collection and the management of the legalities of public property. After ten years, as a result of these changes, if the execution of these actions had not been blocked, it is estimated that almost 560.000 families would have benefited by land regularisation actions of urban settlements in the real estate of the Union. Regarding to the recognition of rights, despite the advances, such changes were not sufficient to promote a significant shift to the national lands management logic. That is because aspects related to political, legal and administrative cultures permeated by urbanistic issues, has prevented more changes in the fulfilment of the social function of the national land. The territory that covers the banks of the Santos Canal, where the Port of Santos is located on the coast of São Paulo State, was chosen because of its strategic location to investigate how disputes and solutions proposed by the SPU, which is based on the multiple interests of the uses of National Lands, are established. The investigation analysed the cases of Ilha de Bagres and Sítio Conceiçãozinha. (AU) | |
| FAPESP's process: | 13/24260-1 - Public lands for what and for whom? A study on the social function of federal government' property |
| Grantee: | Fernanda Accioly Moreira |
| Support Opportunities: | Scholarships in Brazil - Doctorate |