Direitos de propriedade e a transferência de terras da União ao domínio do estado de Roraima: enfoque institucionalista e sua influência no desenvolvimento regional

Abstract

The State of Roraima has complex agrarian and institutional situation regarding the ownership of your land, given that the state does not have jurisdiction for land regularization purposes on almost all the lands of your geographical area, simply because most plots yet remains registered in the name of the Union. In an effort to institutionalize the real estate assets of the State, thirteen years after its creation (Federal Constitution of 1988), was enacted the Law 10.304/2001, transferring to the Roraima State the domain of the lands belonging to the Union. This remained inert without regulation, for eight years, been regulated by the Decree 6.754/2009, with amendments introduced by the Law 11.949/2009 and recently by the Decree 8.586/2015. The objective reality reveals, however, that the edition of such laws has been insufficient to consolidate the aforementioned transfer process, which requires more detailed analysis of the possible obstacles to the detriment of land planning in Roraima. From the perspective of institutional theory of property rights, proposed by Douglass North, the present dissertation sought to understand the size of the land problem in Roraima expressed by the vagueness and weakness of land ownership rights and, from there, to investigate the institutional barriers that are limitations to the completion of the transfer process. Complement the analysis of institutional limits based on the importance of the assignment of property rights, other elements, such as: the political and institutional framework; the existence of uncertainty and informational insufficiency; and the issue of bounded rationality and the behavioral influence of agents. It is argued that some relevant institutional arrangements for property rights of the land need to evolve in order to reduce the legal uncertainty over land issues and enable the creation of an institutional environment conducive to attracting investments to the state of Roraima, one of the conditions for the regional development.