The closed land development and closed condominium as a way of sustainable urban development. / A legalidade dos loteamentos fechados à luz do direito positivo
AUTOR(ES)
Fábio Simões Castejón
DATA DE PUBLICAÇÃO
2005
RESUMO
The purpose of this study is to show that the contemporary private property is a complex juridical relation, and because of that it establishes a new paradigm that is revealed as a set of principles in the constitutional system in search of new interpretative postures of the interests involved in a certain reality so as to allow the adequacy of the text to the context in which it is inserted. The demographic growth and the fast and disorganized development of the cities have contributed to the surge of new urban phenomena that leave behind the classical patterns, creating new modalities of use and occupation of the land, in which the land developments and closed condominiums are inserted. Although the land developments and closed condominiums are already spread throughout the country, certain segments of the society insist on criticizing them for allegedly representing an obstacle to the regular exercise of the fundamental rights corresponding to the urban and social roles of the city, specially the ones referring to the condition of circulation, recreation and private use of public equipment. The polemics over the theme, as well as the absence of specific regulation towards these modalities of use and occupation of the land, justifies a new approach, in which the urban development with sustainability imposes a critical and conscious analysis of the reality and the search for innovating solutions arising from a new vision of the distortions and differences that stem from the economic system in which we live, and that may contribute to the concretization of the transformations required by a society ruled under the principle of social justice. In order to base its legality in the light of the positive law, it was necessary to proceed the analysis of the normative-constitutional set of rules together with the constitutional principles and fundamental precepts to enable the correct interpretation and a better comprehension of the axiological content of the terms closed land development and closed condominium as a way of sustainable urban development. Throughout this study, the results gotten have revealed that the land developments and the closed condominiums pose as concrete and viable solutions that optimize the form of using and occupying the land as a result of the consideration of the values involved, finding its legitimacy by exercising its own social and primordial role that gives privilege to the individual without losing sight of the collective aspect.
ASSUNTO(S)
legalidade loteamento fechado ciências humanas condomínio sustainable urban development função social loteamento - leis e legislação - brasil closed land development closed condominium
