Millions of Brazilians live in informal housing without secure land titles, leaving them vulnerable to eviction and excluded from essential services like water, sanitation and credit. This insecurity is not new—it reflects centuries of unequal land distribution and weak property rights. In recent decades, however, the government has launched land regularization programs. These are aimed at converting informal possession into legal property, thereby providing families with greater stability and economic opportunities.

At the same time, NGOs such as Habitat for Humanity Brazil have mobilized to defend housing rights and equip communities to advocate for stronger protections. To better understand the economic importance of secure land tenure, The Borgen Project spoke with Victor Menaldo, Professor of Political Science at the University of Washington. Menaldo’s expertise in property rights and regulation offers insight into the broader stakes for poverty reduction and development.

Historic and Persistent Challenges With Securing Land Titles

Brazil’s struggle to secure land titles has deep historical roots. When the Portuguese Crown colonized Brazil in the 16th century, the land was divided into large captaincies granted to nobles. These nobles then distributed smaller plots, known as sesmarias, to settlers. While this system was intended to accelerate colonization, it concentrated land in the hands of a few. It often left small farmers without legal rights to the soil they worked.

After independence in 1822, Brazil spent nearly three decades without any formal land law. This vacuum allowed large estates to expand unchecked, often at the expense of smaller occupants. The 1850 Land Law attempted to regulate ownership. However, it required the purchase of land for cash. This policy excluded formerly enslaved people and impoverished farmers who lacked resources. Instead of democratizing access, it entrenched land inequality. The 1988 Constitution reaffirmed property rights but also required that land serve broader social purposes.

More recent programs—such as Minha Casa, Minha Vida (2009) and the 2017 Regularização Fundiária Urbana (REURB) law—have introduced mechanisms to convert informal possession into legal property, aiming to regularize urban settlements. These efforts represent significant progress; yet, millions of Brazilians still live without formal land titles, leaving them vulnerable to eviction and exclusion from credit and public services.

Land Regularization Programs

Land regularization programs have greatly aided Brazil’s recent attempts to address the historical causes of weak land title rights. In order to address contemporary issues of Brazil’s informal housing, the Land Regularization Program, which was initially connected to the Social Development Fund in the 1990s (Act No. 8,677/1993), has recently been revived. Brazil’s government has made continuous efforts to curb informality and increase access to legitimate land titles.

It has continued to evolve: in 2025, the Periferia Viva initiative increased support for Brazil’s informal housing improvements in neighborhoods that are at risk. The Regulatory Instruction No. 26 further updated the program’s rules. The program now prioritizes securing tenure and improving housing conditions for residents in Brazil’s informal settlements and low-income families. This is being done through revised regulations, such as Resolution No. 225 (2020) and Normative Instruction No. 2 (2021).

These changes demonstrate that Brazil’s land policies are dynamic and part of a continuous endeavor to improve the right to safe housing and lessen informality. Scholars also warn that poorly designed titling programs can have unintended consequences if not carefully designed. Menaldo noted that once neighborhoods are regularized, “rents and taxes rise; poorer households sell under pressure and re-informalize elsewhere.” He emphasized that while secure titles are powerful, they are “not a panacea.” Better-connected buyers scoop up newly titled plots at low prices when courts and registries are weak, commodifying land and pushing out the very families the programs were meant to protect.

NGO Advocacy for Housing Rights

In Brazil, the lack of affordable housing forces thousands of families into unsafe, informal living situations, often without legal tenure. Habitat for Humanity Brazil advocates for housing as a constitutional right and defends the right to the city, as guaranteed under the 2001 City Statute, which requires land and property to serve a social purpose. Habitat for Humanity Brazil collaborates with organizations such as the Zero Eviction Campaign, the Brazilian Institute of Urban Rights and the Observatory of Evictions. Together, they campaign against forced evictions and the displacement of low-income and informal settlement residents.

Beyond advocacy, Habitat Brazil equips communities with training on sustainable housing, financial literacy, gender equality and human rights. During the COVID-19 pandemic, the group worked with social movements. It even engaged the U.N. Special Rapporteur on Adequate Housing, successfully pressuring Brazil to suspend eviction orders. It also conducted large-scale community interviews in 30 cities to monitor rights violations. The organization mobilized grants for local initiatives that empowered residents to defend their housing rights.

For families in Brazil’s informal housing settlements, weak property rights create what Menaldo calls a “precarious equilibrium.” Without recognized tenure, households often pay more for basic services through intermediaries, face risks of disconnection and underinvest in home improvements due to fear of eviction. NGOs like Habitat for Humanity Brazil work to break this cycle by both defending residents against forced evictions and equipping them with tools to advocate for their rights.

Looking Forward: Balancing Rights and Regulation

Menaldo emphasized that governments should not view property rights and regulation as opposing forces. “They are different tools specialized to solving different problems,” he explained. Assigning property rights can prevent land grabs or overuse, while regulation can address broader challenges, such as pollution and encourage positive practices through subsidies and information sharing. In this way, the state can provide leadership and coordination where markets or civil society fail to do so.

Menaldo also highlighted why secure land titles are central to reducing poverty and expanding economic opportunity. When families trust that they can “use, exclude and transfer” a plot without arbitrary loss, they are more willing to invest in durable improvements such as brick walls, sanitation or even small shops. Clear titles also unlock access to credit by making land legible as collateral for lenders. Lower transaction costs—through reliable courts and predictable registries—make it easier to buy, sell or lease property.

At the same time, official addresses expand the government’s fiscal capacity to tax and deliver services. Over time, these dynamics can strengthen markets, boost productivity and generate a cycle of greater investment in both physical infrastructure and human capital.

– Isaac Nelson

Isaac is based in Florianópolis, Santa Catarina, Brazil and focuses on Politics for The Borgen Project.

Photo: Flickr