A questão fundiária nos parques e estações ecológicas do Estado de São Paulo: origens e efeitos da indisciplina da documentação e do registro imobiliário / The land title issue in parks and ecological stations in the State of Sao Paulo: origins and effects of indiscipline in land documentation and registration

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

This thesis discusses the land titling issue regarding Sao Paulo State parks and ecological stations to show that lack of discipline in land documentation and registry is the main restriction to the establishment of these protected areas (PAs). The starting point is an outline of results obtained by the government in its efforts to regularize titling of these areas in the 20th century. Next, this paper shows the findings of research conducted on the origins of indiscipline in land documentation and registration in Brazil considering three periods: from the granting of land (sesmarias) until 1822; the period of formulation and implementation of the Land Law of 1850; and the Republican period. The research identified parallel land registration chains, and moments in the occupation of territory in which such indiscipline posed limits to social and environmental policies, showing that for centuries it has been functional for the permanence of unbalances in the economic, social and environmental development. Case studies show land conflicts that resulted in the devastation of forest reserves at Pontal do Paranapanema, and the use of irregular documents in areas on Serra do Mar and on the coast to file illegal suits and claim millionaire compensations from the government. The study of outcomes obtained in the State of Sao Paulo shows that when governments started a process of protected areas regularization, progress was very slow due to interruptions for long periods as a result of discontinuities in the agencies involved. The paper also presents recommendations for land titling policy aiming consolidation of a system of public protected areas.

ASSUNTO(S)

estações ecológicas public domain property parques protected areas land documentation conflicts terras devolutas land registration regularização fundiária ecological stations parks registro de imóveis unidades de conservação conflitos de documentação imobiliária land titling propriedades de domínio público

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