O FRACIONAMENTO DO SOLO RURAL PARA FINS URBANOS FRENTE AO PARCELAMENTO ILEGAL DE TERRAS

Abstract

The theme of the research is the subdivision of rural property, that is, its allotment, dismemberment or division as property, which must respect the dimensions legally considered necessary to guarantee the livelihood and development of the owner and rural worker, as provided for in the Statute of Land (Law No. 4,504/1964). The central problem involves listing the legal aspects embedded in the illegal subdivision of rural properties for urban purposes and their consequences and implications. The research is socially justified by the need to analyze and discuss illegal subdivision of land as a result of Brazilian social inequality. The overall objective is to analyze the fractioning of rural land for urban purposes, in view of the illegal subdivision of rural property and its consequences, observing the Land Statute and the Urban Land Subdivision Law. The research methodology adopted was deductive, through a review of the scientific and bibliographic literature available, through the study of legislation related to the subject, a foundation was built in order to outline a theoretical framework and conceptual structure for the full development of the objectives of this search. Some scientific methods were used in the development of this monographic research, among which the exploratory, bibliographic and deductive methods can be mentioned. The research presents the following solutions to the problem raised: the need to make the municipality responsible for the legislation and inspection regarding matters of local interest, which include the regulation of forms of use, occupation and the subdivision of the land in the municipal territory; and the elaboration of plans and devices for inspection and monitoring of licenses and permits necessary for the allotment, in addition to the implementation of incentives such as tax discounts and fines, according to the procedure of each allotment, as provided in the Master Plan of the municipalities.