Legislação urbanística: a norma e o fato nas áreas de proteção aos mananciais da região metropolitana de São Paulo / Urban law: ruling and reality in the areas of waterspring protection in the Metropolitan Area of São Paulo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The intense process of urban development in the Metropolitan Area of São Paulo on the second half of the XX Century was directly influenced by private property and urban law. While the upper classes succeeded in influencing urban law and the direction of state investments in infra-structure in their favour, the lower classes had to occupy public and private land or suburban subdivisions, most of which in areas of environmental protection. Watersprings protection laws, issued in the seventies, aimed at organizing the occupation of these areas, however it is exactly there that the area has grown most. The lack of efficacy of the law and the need to ensure the water supply created the need to review the laws, targeting conflict resolution between housing rights and the right to environment, which should not be seen as antagonistic, since they can be conciliated. It is necessary to promote sustainable land tenure regularization programmes, able to ensure the security of land tenure without environmental damages. The Union, the States and the Municipalities must adopt measures to attain this goal. The administrative regularization of subdivisions may be promoted by Municipalities, though with losses to its urban patterns. The special urban usucapiao (adverse possession), individual or collective allows the regularization of private areas. In public areas, regularization may occur through the concession of the real right of use, which can also be individual or collective. If the removal of the occupiers is necessary, housing rights should be ensured somewhere else. It is also possible to celebrate a conduct adjustment agreement with the Prosecution, in which obligations will be granted to all parties related to the subdivision, including sanctions fines in the case of noncompliance. The current dissertation analyses these matters through the case study of investigations, law suit and judicial decisions from four cities in the Metropolitan Area of Sao Paulo. The case study shows that authorities made many mistakes during the process of occupation of the watersprings protection areas, however it also shows that, when all parties are involved, creative and viable solutions for the problems can be found.

ASSUNTO(S)

land tnure usucapião coletivo ministério público Área de proteção ambiental collective actions waterspring protection proteção aos mananciais legislação urbanística urban law prosecution conduct adjustmente agreement ação civil pública adverse possession

ACESSO AO ARTIGO

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