Urbanização, Estado e meio ambiente: uma análise da legislação na produção do espaço urbano / Urbanization, State and environment: analysis of legislation in the production of urban space

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

The increase of the urban population imposes to the State a duty that is also a challenge: to create housing alternatives, without degrading the environment. The aim of this study is to show that there is a vast group of rules about this theme, in which is possible to find diverse legal instruments created to democratize the urban space, becoming cities more democratic. However, frequently, the public interest is captured by the private interests and the market starts to lead the urban politics, using the legal instruments to gain benefits that will change into private profit and collective damage. Because of the incapacity or omission of the state agents in assuring such collective rights, it remains to the Judiciary to act in the direction to assure these basic rights, constitutionally guaranteed. The analysis of the recent Brazilian jurisprudence demonstrates that, in context of an accelerated, unfair and unsustainable urbanization, this is a necessary and possible way.

ASSUNTO(S)

meio ambiente state estado direito privado urbanization environment urbanização

ACESSO AO ARTIGO

Documentos Relacionados