Special urban and collective usucapion as a means of enforcement of the right to housing

Abstract

This paper reflects on the legal instruments that enable the socio-spatial inclusion of the most vulnerable segments of the urban population, given the historical process of exclusion that has characterized Brazilian urbanization. Special urban and collective usucaption operate as mechanisms for property acquisition and as tools for social justice, capable of legally integrating informal settlements and guaranteeing dignity to those living in housing vulnerability, giving concrete form to the fundamental right to decent housing. Using an inductive method, the research adopts a qualitative approach, focused on understanding an emblematic case of usucaption (Sociedade Barracão) and the challenges faced by that community. Doctrinal and jurisprudential sources, historical references, and international positions that influenced the development of public policies and land regularization in Brazil were used, aimed at realizing the right to housing and the social function of property.