O consórsio imobiliário como instrumento de intervenção urbanística

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

ABSTRACT The present paper has been divided into chapters, each one having its own information structure. They are aimed at setting the borderline of the urbanistic real estate consortium, an institution referred to in the 1st , article 46 of the Statute of the City, Law no. 10257/01, defined as the form of making viable urbanization or building programs through which the estate owner transfers its property to the municipality, and, after the construction/renovation has been done, s/he is paid in real estate units properly urbanized and built. Chapter I deals with constitutional urbanistic order, its identification and the role Magna Carta has reserved for the Urbanistic Right, as well as its autonomy. It also refers to the urbanization process and its cons, corrected through the urbanification process. Chapter II lays the borderline to the content characteristics of the principle of social function of property, starting by a systematic examination of Federal Constitution an eventually analyzing norms of the Statute of the City, more specifically the situations where the precept is not abided by. Chapter III is intended to carrying on a tangential examination of the urban policy instruments referred to in the 4th article of the Statute of the City, as well as establishing the consequences of the absence of the very institution from the matter. Chapter IV, core of the present paper, starts by an historic an legislative analysis of the institution as to culminate with its legal concept and judicial nature. Moreover, it demonstrates its limits, requisites, including discretionary aspects, as well as its legal and constitutional fundaments, judicial figures alike and the judicial effects present throughout the way of establishing the consortium. At last, the present paper intends to set limits to the urbanistic real estate inside the microsystem denominated Statute of the City. It concludes in favor of the viability of the institution as an urban renovating instrument, also when its use has not been previously referred to in this microsystem. Also important, it is to notice that the essence of the institution lies on the real estate transference, by the private citizen to the municipal Public Power, the latter undertaking the duty of implementing an urbanization or building program with consequent return of urbanized or built units to the citizen, as of payment.

ASSUNTO(S)

urbanistic information structure estatudo da cidade brasil [lei n. 10.257, de 10 de julho de 2001] direito urbanistico -- brasil consorcios instrumento de politico urbana statute of the city principle of social function of property urbanístico função social da propriedade direito publico consorcio imobiliário direito imobiliario -- brasil consortium

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