Entre o urbano e o rural : como o plano diretor influencia na delimitação do direito de propriedade do Povoado da Capela do Rio do Peixe e do Distrito de Lagolândia, no município de Pirenópolis, Goiás

Abstract

The present work analyzes the current urban expansion of the District of Lagolândia and Povoado da Capela do Rio do Peixe, located just over 30 km from the city of Pirenópolis (GO) which is about 150 km from Brasília and 120 km from Goiânia . The proximity and ease of access, with paved roads and the existence of popular parties contribute to the increase in the number of buildings in these locations, but according to the Master Plan of the municipality, these areas are considered rural, even with numerous urban characteristics, such as: asphalt, electricity, school, health center and curb. The lack of legislative definition and inspection by the municipality resulted in the irregular fractioning of the land, as the minimum fraction of rural subdivisions and urban subdivisions are not respected, since the Master Plan does not consider these areas as urban, thus makes it impossible to comply with the Constitutional principle of the social function of property. The de facto situation differs from the legal situation of these inhabited nuclei, meaning that the properties built in these locations do not have the proper legal title as determined by the Brazilian Civil Code, making their owners mere possessors. In addition to analyzing the legal context of the irregularity of the properties, the present work also presents the possible solutions for titling these properties within the existing possibilities in current legislation, such as the adverse possession action and in the Urban Land Regularization Law - REURB.