This article explores the persistent exclusion of certain informal settlements in Portugal from legal urban recognition, focusing on areas characterized by both historical informality and current legal invisibility, here termed by “doubly marginal”. Despite the existence of legal frameworks aimed at integrating Informally Originated Urban Areas (AUGI), a significant number remain outside the scope of regularization, revealing deep-rooted structural, social, and legal constraints. These cases exemplify the systemic limitations of existing urban governance models and underscore the inadequacy of one-size-fits-all planning laws. By proposing a conceptual typology grounded in social, legal, and environmental dimensions, the article exposes how overlapping vulnerabilities perpetuate urban marginality. The findings point to a critical mismatch between legal norms and the lived realities of affected communities, many of which face barriers that existing legislation is ill-equipped to resolve. The article advocates for a more comprehensive legal framework that responds to the diversity and complexity of informal settlements, particularly in municipalities with limited administrative capacity. This reconceptualization challenges dominant paradigms in urban policy and calls for a rethinking of territorial justice and the right to remain in place.
Gonçalves et al. (Mon,) studied this question.