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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