Bezerfil Ing

XIV Congreso Internacional del CLAD sobre la Reforma del Estado y de la Administración Pública, Salvador de Bahia, Brasil, 27 - 30 oct.
2009
Land regularization in the City of Recife
João da Costa Bezerra Filho
We can say that, historically, few programs of land regularization were implemented in poor
areas which, in Brazil, represent most of the territoriality in almost of municipalities. These
programs are not equally significant in a number of countries, especially those that are part of
Latin America.
This is the result of a process of colonization marked by several characteristics, such as the
formation of individual states, represented by authoritarian governments, the patrimonialism
of real estate capital in favour of the economically dominant classes, and the individualism
encapsulated in the legal concept of the right of property. We can add to this, the process of
industrialization and urbanization in many countries, where municipalities or federal entities
designated areas in cities where urban planning was effective through the provision of basic
infrastructure, as opposed to the formation of exclusion and socially segregated areas of the
majority of the population.
This observation leads us to highlight the existence of two types of cities: the formal city,
legalized and planned, and the informal city, irregular or illegal, in which the great majority of
the inhabitants of the municipalities live. In this context, the absence of access to the
essential urban infrastructure to adequate housing conditions and respect for human dignity
prevails.
This is the scenario that marks the process of post modernity and globalization. In order to
solve this problem these need to be effective public policies of land regularization in the great
majority of the poor areas that are part of the territory of the municipality. It is necessary to
form equally fair cities on the part of the majority of poor citizens to the essential public
services, cities led by democratic governments to ensure the effective participation of the
residents in public policymaking. Cities require a defined area of operation. Above all, Cities
need to be established with participatory budgets, which are, par excellence, representative of
the effectiveness of democracy, cities whose greater purpose is to minimize social
inequalities, cities that have the sovereignty, the citizenship and human dignity in the
construction of a free, fair and unified society as their main objective.
To achieve these objectives, it is essential to change the prevailing paradigm of private

property in Brazilian cities, through the implementation of instruments to induce an urban
development that ensures the appropriate and democratic use of urban land and to carry out
the social role of the cities.
The cities or municipalities, since ancient history, are the locus of discussion, participation
and political decisions where citizens achieve their full capabilities and desires. In face of this,
the ancient Ágoras arose, and unfortunately today, it is characterized by the state of urban
degradation that reflects the social inequalities and the concentration of economic power by
the minorities.
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XIV Congreso Internacional del CLAD sobre la Reforma del Estado y de la Administración Pública, Salvador de Bahia, Brasil, 27 - 30 oct. 2009
In this context, the social function of the city and urban property lose sense of direction and
meaning.
This process that actually occurs in the Brazilian society is based in the intensity of a quick
urbanization since the second half of last century, due the phenomenon of industrialization.
For example, we describe below some significant datas.
In 1960 the urban population represented 44.7% of the total population in contrary to 55.3%
of the rural population. In 2000 the situation was reversed, the population of the cities
increased to 81.2% of the total population, in absolute numbers. Otherwise, between 1960
and 2000, the Brazilian urban population increased from 31 million to 137 million. Therefore,
the cities received 106 millions of new residents in this period, reproducing the model of the
formal city, legalized. On the other hand, the informal city, illegal and clandestine, without any
instrument that indicates the land regularization in the use of the land and housing.
Since our last Constitution published in 1988, in the chapter called “THE URBAN POLICY”, it
is stated that the urban property assures its social function and establish specific rights that
ensure the designation and allowance for the use of urban areas to benefit the majority of its
inhabitants.
Although the constitutional thought has not been yet completly fulfiled, a new historical
regulatory framework of urban property and a new legal instruments were established, with
the City Statute edition, in 2001.
With this new conception, democratic and participatory governments have began to provide in
its legislations, urban legal instruments of land regularization in their organic laws, directors
plans and municipal programs, respecting the competence and jurisdiction of its several
members of the Federation (the Union, States and Municipalities).
Several obstacles are still imposed to achieve those goals. Probably it will be necessary some
paradigm changes, including the attitude of the technicians which should perform these tasks,
through other powers of the Republic, as example local Judiciary Power in its recognized lack
to solve judicial procedures, especially regarding the recognition of the field and ownership of
urban areas through the instrument of the adverse possession (usucapio) to be used for
housing, individually or collectively. This fact also occurs in the functions up to notary
services, which have fundamental participation in the process of land regularization, in face of
the necessity requirement to registrate the ownership’s titles or regular possession of the
urban land in the formal city.
As a governmental policy-making decision, since 2001 to nowadays, the City of Recife

searchs to obtain these goals as a priority programs policy to be performed, beyond to
provide in its Director Plan the obligation of land regularization in poor areas of the city, with
the necessary participation of its citizens and to implement the partnerships with other
institutions, public or private, to obtain the infrastructure needed and access to the essential
public services, such as urban operations and the public-private partnerships.
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Therefore, land regularization, nowadays, in the City of Recife, it is not only an intention to
carry out the political will of the public administrator, but now is a subjective right of all
citizens, and it is a government obligation.
To obtain the effective success of our government program, we changed from the political-
legal-popular rhetoric to the effective actions in benefit of the majority of our inhabitants.
The result of these programs and policies identify our administration. Currently, we try to act
under different approaches:
- Planning and democratic management of the city;

- Democratic participation in budgetary decisions that enforce public policies;
- Implementation of the land regularization Program Minha Terra in our municipality.
Based in several technical knowledge areas, it is essential universalizing all the conceptions
to be implemented as municipal policies, particularly with reference to land regularization
program in the City of Recife, known as Minha Terra.
So, in order to solve land regularization, representing the informal city, the Constitutional
Amendment No 26 published in 2000, began to consider the dimension of the social law more
extensive to housing.
The City of Recife also execute an extensive program of construction of popular housing in
areas for resettlement of residents whose live in inhospitable, unhealthy or with risk of life
areas, or restoring buildings that are degraded and unused, for destination to popular
habitation. The City Hall still woks also in the implementation of development and
rehabilitation programs for hundreds of poor and social interest areas.
We believe that to live in housing it must have human dignity conditions and respect. So, we
must grant the necessary ownership of the property and judiciary possession, using the real
instruments for permission and allocation, granting the special use for housing.
Generally, in capitalist countries the costs of housing is one of the most expensive. Moreover,
in the Brazilian municipalities, the value of urban land, actually rare, specifically in our
municipality, has been presented as the most expensive in our country. This occurs because
during many decades it was used as a practice, the utilization of "empty lot", utilized for
purposes of real estate speculation, added to the urban plus value originated from the public
investment in infrastructure of the cities. As result, this policy is reverted to the benefit of few
people. This is a challenge that we strive to overcome, from the reversal of priorities for
investment, through a large discussion in the preparation of the public participatory budget.
Even though and looking for the regularization of the urban space, other elements must be
considered in the program implementation, such as: cultural, economic and environmental
factors that determine the central point in the acquisition of areas for allowed use, in addition
to the destination for residential purposes as defined in decent and desirable standards.
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Accepted these changes, we can point that beyond the satisfactory housing, added to the
necessary land regularization, the citizens use adequated services and urban equipments
that provide the social inclusion in the space named "legal – formal” city. Therefore, the owner
of this right has the basic principle for the human dignity of its person, fundamental policy of
our government programs.
Making reference to Nelson Saule Jr. (1999), a lawyer specialized in Urban Law, which points
to the necessary change in the role of the State, as we spoke previously, "precisely to meet
the desires and needs of the new man that was forced by the State to abandon its passive
position and to assume an active role, especially after the First World War. Therefore,
appeared the interventionist State, planner, State service provider, an entity named by
someone, as we can see the Social State of Law in opposition to the Liberal State of Law,
essentially abstentionist. In the most advanced industrial societies, including the Welfare
State, the State takes care of its citizen’s welfare. The new role of the State consists of
promoting the economic and social rights through the practice of a wide range of positive
actions that benefits its community ".
The same author says that: "The universalization process and the multiplication of the rights
sets the break with the traditional system of the individual relationship who is subject of the
rights only in the sphere of the State where he is a citizen, and he became a new citizen, a
citizen of the world with universal rights recognized as a subject of international law ".
The housing right - actually considered " the same coin face " of the land regularization
instruments - is recognized as a human right in several declarations and international treaties
in which the Brazilian State (Federative Government) is a part, such as:
- Universal Declaration of Human Right – 1948;

- International Agreement of Economic, Social and Cultural Rights – 1966;
- International Agreement on Civil and Political Rights – 1966;
- Declaration of Human Settlements in Vancouver – 1976;
- International Convention for the Protection of the Rights of All Migrant Workers and
Members of Their Families – 1977;
- Convention of the Rights of the Child – 1989;
- Agenda 21 of Environment and Development – 1992;
- United Nations Conference on Urban Settlements – Habitat II – 1996.
The housing right (regular and legal access to the occupation of urban land) belongs to the
human rights category, as reaffirmed in the second United Nations Conference on Urban
Settlements - Habitat II. This statement standardized a set of principles, goals, commitments
and a global plan of action to guide in the first two decades of the 21st century, national and
international efforts in the field of improving human settlements in cities.
According to the multidisciplinary required to implementate the municipal program of popular

housing and land regularization, we consult the General Comment number 4 of the United
Nations Agreement on Economic, Social and Cultural Rights, which retify the essential
elements to housing, such as:
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a) Legal Security of the Possession, b) Availability of Infrastructure Services, c) Access cost

of Housing d) Habitability e) Accessibility; f) Localization; and g) Cultural Adequation.
The great challenge is to make these recommendations effective and feasible in cities like
ours, whose budget commitment is not enough to the achievement of all other policies, in
addition to the high costs of the "public machine."
To implementate the land regularization program, the City of Recife uses extensive
legislation, such as in the federal and in the municipal field, for example: the Federal
Constitution, Statute of the Cities (Law no. 10.257/01), Decree Law No. 271/67 , Provisional
Measure no. 2220/01 (which established the concession of the special use for housing),
Organic Law, Director Plan (Law no. 17511/08, Annual Budget Law (made with the
participation of the inhabitants of the various administrative regions of the city), Municipal Law
No 16113/95, that established the Land Regularization Adjustment of the Special Areas of
Social Interest and Several Municipal Decrees.
To understand the dynamics and the praxis of the land regularization programs and
processes, we must remind the concept used by the lawyer and urbanist Betânia Alfonsin:
"Land regularization is the process of public intervention, under the legal, physical and social
aspects, which aims to legalize the right of people to live in urban occupied areas, according
to the housing law, that implies improvements in the urban environment settlement, the
redemption of the citizenship and life quality of the population.”(1997).
In this context, the land regularization actions in the City of Recife are considered as a
dynamic process, complex and continuous, for thousands of families’ residents / occupants of
urban areas in irregular situation. To make it effective, it is necessary, initially, to make a
social diagnostic that requires a complex work with legal procedures, mapping, social and
political; identification of families to be served in the program; legal instrument to be used for
later registered office and the judgment of lawsuits actions as adverse possession (usucapio)
for urban housing.
The Program implementation requires a permanent articulation between the various social
actors, public institutions and society, looking for more agility to the resolution of the cases, as
well as to minimize, applying economically its resources, especially, with costs and notary
taxes.
The land regularization in the social areas is presented as a priority program of our
administration. So, Minha Terra Program intend to aid the families in several areas in the city,
such as residents in the neighborhoods of: Coelhos, Greve Geral, Entra Apulso, Vila União,
Jardim Uchoa, Aritana, Rosa Selvagem, Brasília Teimosa, Vila Felicidade, Vila Vintém, Vila
São Miguel, Beirinha, Três Carneiros, Torrões, Planeta dos Macacos and Mangueira da
Torre.
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Minha Terra Program, since 2005, looks for to grant the permanence of the families in their
origin places to ensure the final lot’s ownership, with the registration in the competent
Registry Office.
These actions make reference with several situations concerning the relation to the legal
nature of the land in which the settlement is based searching to priorize those where are
settled in public areas, public areas of our municipality, land ownership by the Union
transferred to our municipality, federal public properties and individuals lots, objects of judicial
actions or amicable expropriation by administrative ways. According to the legal nature of the
area, the municipality intends to use different procedures and legal instruments.
The City of Recife establishes the following steps to implementate Minha Terra Program, as
specified below:
1. To present Minha Terra Program in the land regularization area, explaining the
requirements of the participation and performance of its inhabitants, the intentions and the
legal instruments used and its judicial procedures;
2. Workshops for discussion of technical actions of land regularization, inviting

representatives of the Judiciary / PE, Public Prosecutor / PE, Manager of Heritage Union,
notaries and registered officials, non-governmental organizations in our city such as Centro
Dom Hélder Câmara – CENDHEC, Peace and Justice Service, all NGO's;
3. Integration with the Federal Government programs, through the Ministry of Cities, Caixa
Econômica Federal, to celebrate contracts and agreements, obtaining resources for the
program. With those agreements, the City of Recife obtained approximately one million reais.
As counterpart, our municipality paid the logistics, administration and personnel costs;
4. Signature of the agreement with the Association of Notaries and Registrars of Brazil -
ANOREG-PE and the Institute of Real Estate Registry of Brazil - IRIB, being possible the
local registrary without taxes;
5. Signature of the agreement for technical and personnel cooperation with the Regional
Manager of Heritage Union GRPU / PE (Ministry of Planning of Brazil);
6. To establish joint actions with the Order of Counsels of Brazil (Ordem dos Advogados do
Brasil) Pernambuco Section - OAB / PE, to train and select trainees to the Graduation Course
in Law, to act in the implementation of the Program actions, paying the trainees salaries;
7. Workshops with the Order of Counsels of Brazil (Ordem dos Advogados do Brasil) - OAB /
PE and Escola Superior de Advocacia Professor Ruy Antunes - ESA / PE, for professional
training to the lawyers about Land Regularization in the City of Recife;
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8. Signature of an agreement between the non-governmental organization, Centro Dom

Hélder Câmara de Estudos e Ação Social – CENDHEC, Empresa de Urbanização do Recife
– URB Recife e Fundo Municipal do Prezeis, to monitorize and judge the actions of adverse
possession (usucapio) in the presence of the judiciary, all these actions already in course in
the capital, around 369 (three hundred and sixty-nine) actions, including the communities
Entra Apulso, Torrões, Campo do Vila and Sitio Grande, and UR-5/Três Carneiros, that will
benefy around 1.000 (one thousand) families. The Fundo Municipal de Prezeis was created
by law, for enforcement to land regularization program in social interest areas.
9. Signature of an agreement with a non-governmental organization, Peace and Justice

Service and the Empresa de Urbanização do Recife- URB and Fundo Municipal de Prezeis,
for judgement and monitoring the actions of adverse possession (usucapio) in the presence of
the Judiciary, in legally areas defined as Special Areas of Social Interest - ZEIS, as
Mangueira da Torre, Caçote, Vila Felicidade, Brasilit and Sítio do Berardo, that will be benefy
around 1.000 (thousand) families.
Thus, we try to guarantee the social function of the city and urban real estate, and to
guarantee the final realization of the following objectives of the our administration:
- To reduce the territorial exclusion existing in informal settlements; transforming this

action in social inclusion factor.
- Intensify the notary regularization process, eliminating all the difficulties existing with
the institutions involved in the process.
- To promote the recognition of social rights and constitutional settlement of land
housing, reflecting directly on the citizen’s life quality.
- To promote the recognition of new urban constitutional and municipalities’ rights, such
as urban collective adverse possession (usucapio), granting of special use for housing,
prioritizing solutions to the collective problems, object the intervention.
Adding to that, to include the Program in areas subject to implementation of land

regularization, it is necessary to be characterized as:
- Areas belonged by the Municipality.

- Areas acquired by the Municipality for land regularization.
- Areas belong to the Union in renting process by the Municipality.
- Areas identified as Special Areas of Social Interest - ZEIS.
- Areas already consolidated and / or conditions of urbanization.
- Areas prioritized during the Plenary and Meetings of the Program of Participatory
Budget and / or the Forum of PREZEIS.
Priorizing this matter, we introduced in the Organic Law of the City, published in 1990 and
revised in 2007, actually in validity, the general guidelines set down in federal and state laws,
in order to prioritize the social functions of the City and urban property. The Director Plan,
recently published, also used as government guideline the urban policy of the City, which has
the fundamental principles:
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- Social function of the city;

- Social function of urban property;
- Sustainability;
- Democratic management.
We consider that land regularization has as one specific objectives, the real effectiveness of
ZEIS. In the City of Recife, concerning ZEIS, generally and preferably, we will use the
instruments of the Special adverse possession (usucapio) of the Urban Property and Granting
the Right of Use to the Special Use for Housing Purpose, preferably in their collective form.
In the City of Recife, to implementate the land regularization Program, it is absolutely

necessary this institution, using laws and decrees, the Special Zones of Social Interest -
ZEIS, because of this, for such areas, urban solutions are required, specifically rules of land
urban fragmentation, with the size of their lots, allocation of areas for deployment of public
and community facilities, road systems with different dimensions and, above all, constructive
parameters in order to avoid that occur in area of excessive buildings verticalization or
acquisitions by others holders with high economic power, in order to use the area for no
purposes of the various social and public interests.
Our expertise, considered innovative, has been recognized by national scholars, like Betânia
Alfonsin, that explaining the importance of the instrument ZEIS in the context of Brazil, saying
that "the ZEIS is an innovative urban planning in the context of Brazilian, making the rupture
with the segregational dynamic that use the traditional zoning, that In face of the slum,
showed all its impotence. To establishment a special area of social interest still requires a
new position of urban planner, what implies the recognition of the Public Power, that the low-
income production, also, producer and city constructer. “(In FERNANDES, 2001).
Using this instrument, it has been demonstrated as a right recognition of the differences in
public policies treatment on the city zoning. The poor communities, known as ZEIS, have
different parameters on the remaining territory of the city, looking for to prioritize the land
regularization housing right.
Another legal instrument that deserves emphasis, in accordance of its importance and
objectives obtained, is the Royal Grant of Right of Use (Concessão de Direito Real de Uso)
(CDRU), the most used by our municipality, to regulate areas under their domain and
ownership. This instrument was established by Decree-Law nº 271, February 28, 1967,
during the military dictatorship period, which strangely granted the Public Power to legalize
public spaces used for residential and industrial purposes, probably with this last decree, the
real purpose of the decree publication.
In the City of Recife, this instrument is free of charge, to use in social interest, to transfer the
domain only use for the beneficiary, in other words, without the full ownership, by the way it
may be acquired and transferred inter lives or by succession due to death, in favor of
ancestors or descendants.
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Using this instrument, in spite of real right, the titulation contract has established the terms
which make it solvable and ensure compliance with the purpose of its establishment. In case
of amendments concerning the use of the grant, automatically will result in the extinction of
this right.
From the edition of the Provisional Measure 2.220/2001, the Municipality of Recife began to
use, also, the Grant of Use of Special Purpose Housing. In the same way, the previous
concession is used for settlement of public areas domain, which concession in the free or
paid form, but only for housings in areas inhabited by people considered as low income.
We emphasize as innovation in the edition of the Provisional Measure, the possibility in using
the Grant of Special Use for the Purpose of Housing, in its collective format, in order to make
its concession for a greater number of families and fragmentation of areas in ideal fractions,
assuring the collective use and maintenance of its purposes.
Finally, as demonstrated previously, the use of the instrument for judgment of Individual or
Collective adverse possession (usucapio). This has proved as less effectiveness, in face of
the requirements processual and the delay by the Judiciary in the judging these actions.
According to, all the legislation available to the operators and managers from the government,
there are many difficulties to obtain the property registration free and to make these
processes fast or priority, because these institutions, use the traditional logic that is private
and individual.
However, there is a relative improvement in the institutional relationship with the institutions of
the Judiciary and the General Registry of Notary Public Buildings, since the signature of an
Agreement of Technical Cooperation in 2006, which reflected in our country in face of its
innovative character. Currently, there is a sligtly modification of the old practices, by the
registry institutions and the Judiciary.
Although we cannot say that we particularly changed the paradigms, established by centuries,
which prioritize the protection of individual property as a fundamental right of citizens,
according its social function, through the instruments of land regularization.
Such challenges, only will be overcome, as bigger as the democratic efforts will be used with
the cities participation, allowing to everyone and specially to the great majority, the election of
public policies to be implemented, assuring the real change in the still existing context,
measured by exclusion, segregation, privatization and deterioration of urban centers. Then,
we can have a unique city for everyone.
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TABLES AND CHARTS
Table 01 - List of ZEIS (location, denomination and area)

Item Localization Discrimination Area (ha) (%)
Micro-region RPA 1 – Center 1.571,78 100%
Total of area ZEIS 140,65 8,95%
1 1.1 João de Barros 1,80 2,38%
2 1.1 Santo Amaro 37,45 1,60%
3 1.3 Coelhos 25,10 4,85%
4 1.3 Coque 76,30 0,11%
RPA 2 – North 1.489,49 100%
5 2.1 Campo Grande 106,50 7,15%
6 2.1 Ilha do Joaneiro 13,24 0,89%
7 2.2 Fundão de Fora 26,97 1,81%
8 2.3 Dois Unidos 34,34 2,31%
9 2.3 Linha do Tiro 62,40 4,19%
RPA 3 – Northeast 7.736,77 100%
10 3.1 Alto do Mandu – Alto Santa Izabel 69,20 0,89%
11 3.1 Apipucos 6,00 0,08%
12 3.1 Campo do Vila 1,34 0,02%
13 3.1 Casa Amarela 895,00 11,57%
14 3.1 Poço da Panela 2,51 0,03%
15 3.1 Tamarineira 1,57 0,02%
16 3.1 Vila do Vintém 0,40 0,01%
17 3.1 Vila Esperança – Cabocó 4,06 0,05%
18 3.1 Vila Inaldo Martins 0,46 0,01%
19 3.1 Vila Macionila – Mussum 1,36 0,02%
20 3.3 Vila São João 4,52 0,06%
RPA 4 – West 4.194,20
21 4.1 Carangueijo – Tabaiares 7,36 0,18%
22 4.1 Mangueira da Torre 1,70 0,04%
23 4.1 Prado 10,13 0,24%
24 4.1 Sítio do Berardo 13,50 0,32%
25 4.1 Sítio do Cardoso 14,57 0,35%
26 4.1 Vila União 4,86 0,12%
27 4.2 Torrões 92,50 2,21%
28 4.2 Vietnã 7,70 0,18%
29 4.2 Vila Redenção 5,34 0,13%
30 4.3 Brasilit 13,46 0,32%
31 4.3 Campo do Banco 9,40 0,22%
32 4.3 Rosa Selvagem 49,49 1,18%
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33 4.3 Sítio Wanderley 6,16 0,15%

34 4.3 Vila Arraes 8,05 0,19%
35 4.3 Vila Felicidade 6,40 0,15%
RPA 5 – Southwest 3.008,66 100%
36 5.1 Afogados 34,00 1,13%
37 5.1 Mangueira 67,50 2,24%
38 5.1 Mustardinha 51,44 1,71%
39 5.1 Novo Prado 5,90 0,20%
40 5.1 Vila do Sirí 1,75 0,06%
41 5.2 Beirinha 10,70 0,36%
42 5.2 Caçote 37,10 1,23%
43 5.2 Capuá 8,20 0,27%
44 5.2 Jardim Uchôa 8,80 0,29%
45 5.2 Rua do Rio – Iraque 18,43 0,61%
46 5.3 Areias 28,00 0,93%
47 5.3 Barro 28,22 0,94%
48 5.3 Cavaleiro 56,50 1,88%
49 5.3 Jardim São Paulo I 2,01 0,07%
50 5.3 Jardim São Paulo II 2,20 0,07%
51 5.3 Planeta dos Macacos 27,63 0,92%
52 5.3 Tejipió 13,60 0,45%
RPA 6 – South 3.874,29
53 6.1 Aritana 1,00 0,03%
54 6.1 Borborema 4,60 0,12%
55 6.1 Brasília Teimosa 72,70 1,88%
56 6.1 Coqueiral 0,99 0,03%
57 6.1 Coronel Fabriciano 0,80 0,02%
58 6.1 Entra Apulso 8,33 0,22%
59 6.1 Ilha de Deus 15,30 0,39%
60 6.1 Ilha do Destino 7,40 0,19%
61 6.1 Pina – Encanta Moça 42,31 1,09%
62 6.1 Sítio Grande 66,5 1,72%
63 6.2 Alto da Jaqueira 37,21 0,96%
64 6.2 Greve Geral 1,51 0,04%
65 6.2 Ibura – Jordão 149 3,85%
66 6.3 UR5 – Três Carneiros 115,66 2,99%
Source: URB Recife, in: SILVA, 2009
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Table 02 - List of ZEIS Under the Action of the Land Regularization in the City of Recife (from
2001 to 2009).
Titulation
Promoter of Land already
Item Discrimination Legal instruments used Property
Regularization started or
completed
Municipality of
1 Coelhos Yes CDRU Public
Recife
Municipality of Public
2 Coque Não No used
Recife
Vila Esperança – Municipality of Public
3 No No used
Cabocó Recife
Municipality of Yes Public
4 Vila do Vintém CUEM
Recife
Municipality of Yes Adverse Possession
5 Campo do Vila Public and Private
Recife (Usucapio)
Municipality of
6 Apipucos No No used Public and Private
Recife
Municipality of
7 Sítio do Cardoso No No used Public
Recife
Mangueira da Municipality of Yes Adverse Possession
8 Public and Private
Torre Recife (Usucapio)
Municipality of Yes
9 Vila União CDRU Public
Recife
Municipality of Yes Public and Private
Adverse Possession
10 Torrões Recife, State and
(Usucapio)
NGOs
Municipality of Yes CDRU and Adverse Public and Private
11 Vila Felicidade
Recife and NGOs Possession (Usucapio)
Municipality of Yes CDRU and Adverse Public and Private
12 Rosa Selvagem
Recife and NGOs Possession (Usucapio)
Municipality of
13 Brasilit No No used No information
Recife and NGOs
14 Afogados Yes CDRU e CUEM
Recife and NGOs
15 Beirinha No No used
Recife and NGOs
16 Jardim Uchôa Yes CDRU
Recife and NGOs
Planeta dos Municipality of Public
17 No No used
Macacos Recife
18 Brasília Teimosa Yes Donation and CDRU
Recife
Coronel Municipality of Public
19 Yes CDRU
Fabriciano Recife
Municipality of
CDRU and Adverse
20 Entra Apulso Recife, State and Yes Public and Private
Possession (Usucapio)
NGOs
Municipality of
21 Aritana Yes CDRU Public
Recife
Municipality of
22 Coqueiral No No used Public and Private
Recife
Municipality of
23 Greve Geral Yes CDRU Public
Recife
UR5 – Três Municipality of Adverse Possession
24 Yes Private
Carneiros Recife and NGOs (Usucapio)
Source: Land Regularization Management, in: SILVA, 2009
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CHART Nº 01 – List of communities and number of securities lawsuits and granted proposals
under the Judiciary Power of the State of Pernambuco (from 2001 to 2009)
2001
ACTION OF
PHYSICAL DELIVEREY AND JUDGEMENT
ISSUED
COMMUNITY AND SOCIAL REGISTERED ADVERSE
TITLES
REGISTER TITLES POSSESSION
(USUCAPIO)
Vila União *** 247 *** ***
Torrões *** 27 *** ***
Entra Apulso *** 16 *** ***
Coelhos *** 48 *** ***
TOTAL 338 *** ***
2002
ACTION OF
PHYSICAL DELIVERY AND JUDGEMENT
ISSUED
TITLES
(USUCAPIO)
Coelhos *** 250 108 ***
Jardim Uchôa *** 20 *** ***
TOTAL 305 108 ***
2003
ACTION OF
ISSUED
TITLES
(USUCAPIO)
Vila União *** 35 247 ***
Coelhos *** 135 313 ***
Greve Geral *** 23 *** ***
Aritana *** 73 *** ***
Entra Apulso - Lot J 73 *** *** ***
Rosa Selvagem 1518 *** *** ***
Apipucos 344 *** *** ***
Coque - Espólio de
264 ***
Estevinho *** ***
Campo do Vila – 2 coletive actions,
financed area by 557 *** *** favouring to 92
Habitar/BID families
Torrões - Vila da Paz
480 *** *** ***
and Asa Branca
TOTAL 3236 276 560 2 actions (92 families)
2004
ACTION OF
ISSUED
TITLES
(USUCAPIO)
Coelhos *** 107 24 ***
13
Greve Geral *** 28 *** ***

Torrões *** 66 *** ***
Jardim Uchôa *** 8 *** ***
Entra Apulso – Lot J *** 40 *** ***
TOTAL 249 24 ***
2005
ACTION OF
PHYSICAL DELIVERY ANDJUDGEMENT
ISSUED
TITLES
(USUCAPIO)
Vila União *** *** 35 ***
Greve Geral *** 15 77 ***
Coelhos *** 5 63 ***
Jardim Uchôa *** *** 28 ***
Entra Apulso - Lot J *** *** 39 ***
Aritana *** *** 67 ***
Rosa Selvagem *** *** *** 02 actions to 242
authors
02 action to 242
TOTAL *** 44 309
authors
2006
ACTION OF
ISSUED
TITLES
(USUCAPIO)
Vila Vintém 78 48 ***
Vila São Miguel 1660 *** *** ***

Beirinha 1041 *** *** ***
Entra Apulso *** *** 39 ***
Coelhos *** 45 141 ***
Aritana *** *** 13 ***
Greve Geral *** *** 7 ***
Rosa Selvagem *** 52 *** ***
TOTAL 2779 145 200 ***
2007
ACTION OF
ISSUED
TITLES
(USUCAPIO)
11 actions to 62
Três Carneiros 1757 *** ***
authors
Brasília Teimosa *** *** *** ***
Coelhos *** 3 *** ***
Rosa Selvagem *** 6 *** ***
14
11 actions to 11
Vila Felicidade *** 100 ***
authors
132 actions to 132
Caçote *** *** ***
authors
154 actions to 205
TOTAL 3685 109 ***
authors
2008
ACTION OF
ISSUED
TITLES
(USUCAPIO)
Vila São Miguel *** 100 *** ***
Brasília Teimosa *** *** *** ***
Vila Vintém *** *** 48 ***
Entra Apulso *** *** 23 ***
Greve Geral *** *** 15 ***
Coelhos *** *** 45 ***
Vila Felicidade *** 67 *** ***
30 actions to 239
Três Carneiros
*** *** *** authors
30 actions to 239
TOTAL 496 167 131
authors
2009
ACTION OF
ISSUED
TITLES
(USUCAPIO)
Brasília Teimosa 12.000 150 *** ***
Vila São Miguel *** 200 *** ***
TOTAL 1100 350 *** ***
188 actions to 778

GENERAL TOTAL 10269 1983 1332
authors
Source: Land Regularization Management, 2009
15
CHART Nº. 02 – List of acquired areas for implementation of Land Regularization Program.
COMMUNITY AREA ACQUISITION PROCESS
Brasília Teimosa 49,51 Signature of the Assignment of Renting, transferring the
hectares ownership of the area to the City of Recife, representing
public area to subject to CDRU. Contract registered of
the 1st Buildings Office.
Vila Vintém 0,4 hectares Signature of the Assignment of Renting, transferring the
ownership of the area to the City of Recife, representing
public area to subject to CDRU. Contract registered in
2nd Buildings Office.
Beirinha 5,58 hectares Signature of the Assignment of Renting, transferring the
ownership of the area to the City of Recife, representing
public area to subject to CDRU. Contract registered in
4th Buildings Office.
Vila São Miguel 22,02 Signature of the Assignment of Renting, transferring the
hectares ownership of the area to the City of Recife, representing
public area to subject to CDRU. Contract sent to the of
4th Buildings Office for Registration.
Entra Apulso 2,92 hectares Signature of the Assignment of Renting Contract,
transferring the ownership of the area of the Country to
the city of Recife, representing public area to be CDRU´s
subject. Pending for registration in accordance with
requirements of the 1st office on the Management of
Real Estate of the Union
Rosa Selvagem 5,54 hectares Preparation of the drafts of 02 Decrees of
Dismemberment, referring to 74 areas (sections of
streets and squares), representing public area of CDRU
´s object and / or CUEM. Decrees already published and
sent to the 4º office of Buildings for registration.
Vila Felicidade 1,98 hectares Preparation of a draft of the Decree of Dismemberment
of 10 areas (sections of streets and squares),
representing the public area to subject to CDRU. Decree
already published and sent to the office of Buildings for
registration.
Coqueiral 0,57 hectares 1. Preparation of draft Decree of Dismemberment of 06
areas (sections of streets and squares), representing the
public area to subject to CDRU. Decree already
published and sent to the office of Buildings for
registration.
2. Preparation of draft Bill to Dismemberment for public
address and exchange of private property, allowing the
construction of a municipal day care center.
Planeta dos 15,28 Acquisition of area neighbors the INSS, through Scripture
Macacos hectares of buy and sale, representing public area to be subject of
CDRU and / or CUEM. Registration process in progress.
Sítio do Cardoso 6,94 hectares Monitoring, in conjunction with the Management of
expropriation / URB, the record of the deed of
expropriation from the 4 office of Buildings.
TOTAL AREA 110,74 hectares
Source: Land Regularization Management, 2009
16
REFERENCES
ALFONSIN, Betânia de Moraes. Políticas de regularização fundiária: justificação,
impactos e sustentabilidade. In: FERNANDES, Edésio (Org.). Direito Urbanístico e Política
Urbana no Brasil. Belo Horizonte: Del Rey, 2001.
ARAÚJO, Adelmo et al. PREZEIS – Plano de Regularização das Zonas Especiais de
Interesse Social – Manual para Lideranças. 2ª ed. Recife, FASE/NE, CENDHEC,
URB/RECIFE, 1997.
CAIXA ECONÔMICA FEDERAL. Regularização da Terra e Moradia – O que é e como
implementar. 1ª ed. Brasil, 2002.
DE LA MORA, Luís. VILAÇA, Ana Paula. Mecanismos de gestão da política de
desenvolvimento urbano da cidade do Recife: Identificação de suas sobreposições e lacunas
e propostas de compatibilização. Disponível no site:
http://www.ibdu.org.br/imagens/democratizacaodagestao.pdf, 2004.
FALCÃO, J. SOUSA, M. Mocambos do Recife – O Direito de Morar. In Revista Ciência
Hoje, v. 3, nº 18, Mai/Jun. 1985.
FERNANDES, Edésio. Direito do urbanismo: entre a “cidade legal” e a “cidade ilegal”.
In: FERNANDES, Edésio (Org.). Direito Urbanístico. Belo Horizonte: Del Rey, 1998.
___________. Direito urbanístico e política urbana no Brasil: uma introdução. In:
FERNANDES, Edésio (Org.). Direito Urbanístico e Política Urbana no Brasil. Belo Horizonte:
Del Rey, 2001.
___________. Regularização Fundiária Plena. In: Revista Magister de Direito Ambiental
e Urbanístico, ano 3, nº 16. Porto Alegre, Março, 2008.
___________. Do Código Civil ao Estatuto da Cidade. In: Revista do IRIB. São Paulo,
Jan/Fev – 2004.
GOMES, Marcos Pinto Correia. O direito social à moradia e os municípios brasileiros.
Disponível no site: http://jus2.uol.com.br/doutrina/texto.asp?id=7746, 2005.
MAGALHÃES, Ana et al. Terra, pra que te quero? A Regularização Fundiária segundo a
Lei do PREZEIS. Recife, Coleção Cadernos Cendhec – Vol. 10, 1999.
MORAES, Alexandre. Direito Constitucional. 23ª ed. São Paulo, Atlas, 2008.
SAULE JR., Nelson. O Direito à Moradia Como Responsabilidade do Estado Brasileiro.
In: SAULE JR., Nelson (Coord.), Direito à Cidade – Trilhas legais para o direito às cidades
sustentáveis. São Paulo: Max Limonad, 1999.
________ Formas de proteção do direito à moradia e de combate aos despejos
forçados no Brasil. In: FERNANDES, Edésio (Org.). Direito Urbanístico e Política Urbana no
Brasil. Belo Horizonte: Del Rey, 2001.
SILVA, José Afonso da. Direito urbanístico brasileiro. 3ª ed. São Paulo: Malheiros,
2000.
______. Curso de Direito Constitucional Positivo. 15ª ed. São Paulo: Malheiros, 1998.
SILVA, Tiago Gonçalves da. A Mediação de direitos na utilização do contrato de
concessão de direito real de uso. A regularização fundiária das ZEIS do Recife. Recife: O
Autor, 2009.
SOUZA, Maria Ângela de Almeida. Assentamentos populares do Recife: Transformação
recente da situação fundiária e jurídica. In: GOMES, Marco Aurélio (Org.), Velhas e Novas
Legitimidades na Reestruturação do Território: Anais ANPUR; UFBa, Faculdade de
Arquitetura, Mestrado em Arquitetura e Urbanismo, 1993.
CONSTITUIÇÃO FEDERAL BRASILEIRA. 1988.
17
DECRETO-LEI n. º 271/1967
ESTATUTO DA CIDADE – Lei Federal n. º 10.257/2001.
LEI DO PREZEIS – Lei Municipal nº 16113/1995.
LEI ORGÂNICA DO MUNICÍPIO DO RECIFE. 1990.
MEDIDA PROVISÓRIA nº 2.220/2001
PLANO DIRETOR DO RECIFE - Lei Municipal n. º 17.511/2008.
BIOGRAPHY
João da Costa Bezerra Filho was born in Angelim, in the Agreste of the State of Pernambuco.
He began work early and arrived in Recife, in the 70's to study.He studied agronomy in
UFRPE (Federal Rural University of Pernambuco) and business administration at the UFPE
(Federal University of Pernambuco). At that time he began his activism in the student
directory of universities.He was director of the DCE (Central Directory of Students) of the
Federal University of Pernambuco, President of the DCE of the Federal Rural University,
General Coordinator of the Students Federation of Agriculture of Brazil and director of UNE
(National Union of Students).
He joined the Workers Political Organization(PT) in 1988. In the same year, after the election
of João Paulo as the first PT city-councillor in Recife, he was appointed to be the interlocutor
between the popular mandate and the Political Organization. Each and every of the following
campaigns of João Paulo - for deputy of the State of Pernambuco, mayor of Joboatão dos
Guararapes and mayor of Recife - were coordinated by him. It is 20 years of friendship,
respect and hard work for the people of Recife.
In 2001, João da Costa was responsible for the Secretariat of the Participatory Budget,
created in the first administration of Mayor João Paulo. The people of Recife began to debate,
discuss priorities and define actions and the work performed by the City Hall. The result is
that the participatory budget in Recife is the greatest expression of popular participation in
Brazil.
In 2005, João da Costa coordinated the Secretariat of Participatory Planning, focusing on

three areas of work: extension of the Participatory Budget process, drafting of the new
Director Plan of Recife, and the construction of an extensive mapping of inequalities in the
municipality - the Atlas of Human Development of Recife, which received an award from the
United Nations. In 2006, he was elected the most voted State Deputy in Recife, with over 65
thousand votes. João da Costa is 48 years old, is married to Marília Bezerra and has a son,
João Victor, who is seven years old. In 2008, João da Costa won the municipal elections in
the first round with 51% of the votes.
18

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XIV Congreso Internacional del CLAD sobre la Reforma del Estado y de la Administración Pública, Salvador de Bahia, Brasil, 27 - 30 oct.

Land regularization in the City of Recife

João da Costa Bezerra Filho

To achieve these objectives, it is essential to change the prevailing paradigm of private

As a governmental policy-making decision, since 2001 to nowadays, the City of Recife

- Planning and democratic management of the city;

- Universal Declaration of Human Right – 1948;

According to the multidisciplinary required to implementate the municipal program of popular

a) Legal Security of the Possession, b) Availability of Infrastructure Services, c) Access cost

2. Workshops for discussion of technical actions of land regularization, inviting

8. Signature of an agreement between the non-governmental organization, Centro Dom

9. Signature of an agreement with a non-governmental organization, Peace and Justice

- To reduce the territorial exclusion existing in informal settlements; transforming this

Adding to that, to include the Program in areas subject to implementation of land

- Areas belonged by the Municipality.

- Social function of the city;

In the City of Recife, to implementate the land regularization Program, it is absolutely

TABLES AND CHARTS

Table 01 - List of ZEIS (location, denomination and area)

33 4.3 Sítio Wanderley 6,16 0,15%

Greve Geral *** 28 *** ***

Vila São Miguel 1660 *** *** ***

188 actions to 778

In 2005, João da Costa coordinated the Secretariat of Participatory Planning, focusing on

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Greve Geral * 28 * ***

Vila São Miguel 1660 * * ***