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Article
Affiliation(s)

1. Stricto Sensu Post-Graduation Program in Architecture and Urbanism, Meridional College, IMED, Passo Fundo/RS 99010-150, Brazil
2. Post-Graduation Program in Architecture and Urbanism, Pontifical Catholic University of Campinas, Campinas/SP 13090-610, Brazil

ABSTRACT

The present paper aims to analyze and discuss the morphological formation of the city of Jeriquara, located in the countryside of the state of São Paulo, Brazil. The importance of this study lays on its primary documentation, that is, the long lease deeds (cartas de aforamento). These deeds are part of the medieval legal system implemented in Brazil by the Portuguese. The long lease, perpetual lease or tenure, or fiefdom (in the Brazilian legal system, aforamento, enfiteuse or emprazamento) are synonyms of this legal institute that divides urban land between two holders: the Catholic Church and the civil individual. This article employs as research method the interpretive and descriptive analysis of such deeds, based on theoretical bibliography on the referred legal institute, civil law and the Brazilian forms of urbanization. Following the presentation of a case study there will be the discussion of the juridical issues at the core of the national colonization implemented by the Portuguese and which are at the genesis of several of the current conflicts. This study shows that the urban territory of many cities is still ruled by these past contexts and, without understanding them, we will not be able to efficiently interfere with city spaces.

KEYWORDS

Urban land, ground lease, emphyteusis or leasehold state, urban law, urban management, Jeriquara/SP.

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