Direito à terra e propriedade : horizontes do Termo Territorial Coletivo no Brasil

Abstract

In the course of history, among the various forms of territorial appropriation devised by humanity, one has been increasingly presented as a universal solution to the issue of humanity's relationship with the external world: individual property. Although relatively recent in origin, private property quickly became the dominant regime under the aegis of capitalism, overshadowing other possibilities and offering a singular conception of the right to land. Despite this, the grand universalizing project of private property has never been fully realized, as diverse ways of relating to land persist and are continually reinvented worldwide. This study aims to investigate a model of territorial management that is widely implemented globally and is increasingly gaining traction in Brazil: the Community Land Trust (CLT). Through an arrangement that challenges foundational notions of property, the CLT opens new horizons for considering access to land and housing, especially within the scope of self-built settlements and land regularization policies. The central objective of this work is to analyze how the CLT interacts with historically established property regimes in Brazil, identifying points of rupture and continuity with individual property. For this purpose, the study draws on both the international experience with the model and its development within Brazil, with a specific focus on Rio de Janeiro. This research seeks to contribute to the understanding of the formation and perpetuation of property in Brazil and the inherent contradictions in this process, expanding the range of existing alternatives for realizing the right to land and housing.