Reurb-S e o direito à moradia: a jurisprudência do STF e os desafios da regularização fundiária no Brasil

Abstract

The right to housing was one of Brazil’s main social and legal challenges, especially given the unplanned growth of cities and the irregular occupation of urban land. Social Interest Urban Land Regularization (REURB-S), established by Law No. 13,465/2017, sought to promote the titling of informal settlements and provide legal security to vulnerable populations. However, the implementation of REURB-S faced structural, administrative, and legal barriers that hindered its effectiveness. In this context, the Federal Supreme Court (STF) played a fundamental role in interpreting legislation and defining the limits and possibilities of land regularization. This study analyzed the STF’s jurisprudence on REURB-S, seeking to understand how the Court’s decisions influenced the implementation of land regularization policies in Brazil. To achieve this, the research adopted a qualitative methodology, based on a literature review and documentary analysis of STF rulings. The investigation covered the historical evolution of the country’s housing deficit, the characteristics and challenges of REURB-S, and the main STF precedents that impacted its application. Furthermore, it discussed conflicts between the right to housing and environmental protection, as well as the role of federal entities in enforcing housing policies. This study not only aimed to understand the STF’s role in consolidating REURB-S but also identified persistent challenges that hindered the implementation of land regularization in Brazil.