A política urbana no ordenamento jurídico constitucional : a desapropriação-sanção como instrumento de desenvolvimento das cidades

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This research aims to examine the Urban Policy in constitutional system: punitive expropriation as a tool for cities development. At first, this paper focuses on real property and its coverage, emphasizing its social function. Urban Policy instruments, provided by Republican Constitution and regulated by Federal Law No. 10257 of July 10th, 2001, in addition to Urban Policy guiding directives, are outlined. Among urban development tools, it highlights - the punitive expropriation for the urban reform, unique way of expropriation as a result of no attention to the social function of real property, in which compensation is paid in bonds of public debt, issued under Federal Senate authorization, and released in successive annual payments, within the period of ten years. It also criticizes the uneffectiveness of some Urban Policy instruments - like this kind of expropriation - which ones were designed to serve on the orderly development of cities, and guarantee the right to a healthy environment for present and future generations. One of the obstacles to achieve this form of punitive expropriation is Resolution No. 78/1998 of the Federal Senate, which prevents the units of Federation to issue public debt securities, until December 31th, 2010. This decision makes impossible to implement the expropriation of the urban real property that does not attend to its social function. It promotes, finally, an analysis of the housing shortage in some Brazilian cities, based at the information collected by the census demographic of 2000 and 2005, and its relation with Urban Policy instruments, seeking to reduce social inequalities in the country.

ASSUNTO(S)

direitos fundamentais - dissertaÇÕes direito constitucional desapropriaÇÃo - dissertaÇÕes

ACESSO AO ARTIGO

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