A superação da ilegalidade urbana: o que é legal no espaço urbano

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

24/08/2011

RESUMO

The urban set of legal order has undeniable influences in the production of the urban space in the Brazilian cities, directly affecting its forms, organization and sociospatial distribution. From the legal point of view of the urban law and its legislation, a great number of Brazilian cities are composed of illegal spaces, reaching in some cases 80% of the citys occupied territory. The article inserts itself in this discussion through the urban law and its applications blind side; in other words, the nonexistent application in the city and the consequently generation of urban illegality. We start from the identification of the urban space production agents and its evident logic developments: the state, the real estate industry and the citys habitants. The three logic developments are not linear, sometimes developing themselves in an isolated form, and other times, in partnership. However, they have specific and legitimate methods to create the urban space, always working with the capitalism way of production. In this sense, the states role in the urban illegality formations process should be understood not only as a control or regulation problem, but, in many cases, as an inductor of this reality. The existent contradictions between the states role and its instruments denunciate the predominant situation of the status quo noticed in the majority of the Brazilian cities. The study reveals an approach of the illegality still obscure and not less important than the other onflict-makers between the urban laws and the citys production: the illegality in the said formal city. This way, we approach here the urban illegality caused by disrespect to the urban parameters from Belo Horizontes municipal legislation in counterpoint to the legality. The investigation is done from Belo Horizontes City Hall approved processes and the questioning of individual intentions of citizens that are seeking the City Hall to legally approve their developments and/or their properties land subdivisions. Besides this, the urban legislations characteristics and parameters as well as the administrative processes of approval are also apparent, exposing the mismatch between the urban system and the illegalities overlap that, almost always, invalidate a persons intention to follow the law. At the end, the investigation points us to two important observations: the first one is that the urban legislation has been modifying itself especially in respect of its contents and not its application. This fact has been favoring the distance between the urban law and the occupation system in the majority of the city, since these distance is not generated from the rigidity urbanistic parameters but from the habitants lack of knowledge about the urban laws content and applications. The second observation is done from the real city of Belo Horizonte, which has its territory almost completely occupied. Thinking along this line, is it worth to legalize the volume of illegal constructions in the city? And another provocative question is how to frame all the constructions that dont meet the urban norms minimum requirements?

ASSUNTO(S)

planejamento urbano legislação teses. direito urbanistico teses.

ACESSO AO ARTIGO

Documentos Relacionados