Novos olhares sobre a Lei 13.465/17: Potencialidades no Fortalecimento das Comunidades através dos Termos Territoriais Coletivos

Abstract

This paper seeks to introduce a propositional approach regarding Law 13.465/17, which institutes the new national framework for the land regularization policy. Beyond the vast criticism of the law itself, already widely debated in the academy, we aim to explore the potentialities of the law, in the sense of its appropriation to promote new forms of relationship with land and ensure the right of communities to stay in their spaces. For this purpose, we present the Community Land Trust, a model for the collective governance of land widely disseminated globally, but still unknown in Brazil. Despite the potential of Law 13.465/17 to boost processes of market eviction through the excessive focus in individual titles as a regulatory model, it also facilitates the creation of the necessary conditions for implementing Community Land Trusts in the country's urban communities. This movement can strengthen the residents' security of tenure and the community control over the territory, which are characteristics intrinsic to the model, and increasingly important in a scenario of a rise in policies that essentially deny land rights, especially for the most vulnerable.