Entraves jurídicos à regularização fundiária individual no estado do Pará: legislação fundiária paraense

Abstract

This work presents initially the conjunction of the theories of Ignacy Sachs and Amartya Sen, which resulted in three basic meanings for achieving economic, social and environmental development. Demonstrating that the investment in public policies of land regularization, in mainly agrarian regions, such as in the State of Pará, contributes to development. After presenting the theoretical source that underlies the present research, it aims to identify and present solutions to the main legal obstacles to individual land regularization in the State of Pará, because, once faced, land regularization can be carried out, thus contributing to the development. For purposes of a didactic analysis, the legal barriers were divided into interpretative, administrative and jurisdictional, and legislative. Being the first focused on the decisions made in the administrative processes that are processed within the legal framework of the Land Institute of Pará (ITERPA); As well as for decisions rendered in the Judiciary of Paraense, mainly by agrarian sticks. In both cases, instead of helping to alleviate the chaos of Pará land, they are based on extremely positivist and conservative reasons, causing more obstacles. Regarding the legislative obstacles, this is related to the omissions in the regulations of procedures, carried out by the main actors involved in the management of land regularization, both in the executive and legislative spheres. For all the obstacles, opinions were expressed on the juridical path to be followed (always with understandings for land regularization) in order to achieve its purpose - development of the State of Pará.