Legal and institutional bases in municipal master plans: examples in the Triângulo Mineiro, Minas Gerais, Brazil

Keywords: Brazil’ Federal Constitution, City Statute, Social Function of Property, Democratic City

Abstract

The Urban issues, considered in their complexity, do not constitute priorities for Brazilian government policies. They are considered only in relation to certain aspects that, to a large scope, are not guided by what is laid out in the City Statute. Even though the Federal Constitution of the Brazil, as well as the City Statute provide references for municipal administrations in considering the social function of the city and the urban property, the policies applied in the municipalities have been deficien t. The tools contained in the Cit y Statute, even when included in Organic Law of Municipalities prepare their Master Plans, but have their uses precarious and do not meet the objectives of ensuring the city for everyone. The Masters Plans of Uberlândia and Tupaciguara Cities (MG/Brazil) are examples of initiatives that point to the proper use of the regulations offered by the Statute, but which in practice have not been complemented by regulatory legislation and are without application in their rich possibilities. Despite the progressive nature of possible new practices in the City Statute, it is very important to note that in the two municipalities important instruments made possible by the City Statute, and supported by the respective Master Plans, were not adopted systematically. Progressive IPTU, demand of the Neighborhood Impact Study, Onerous Granting, Urban Usucaption, among others, although they are legally supported practices, demanded in the two municipalities, are not configured as effective instruments to enforce the social function of property in the social collective interests. It’s clear that the instituted, even when regulated, is only transformative in its eff ective exercise. The constant, systematic and rigo rous need for effective participation in the production of the city is explained. However, if what guides is the citizenship, composed of duties and rights, we have an important component of the city and the desired society. Above all, a necessary advance in the struggle for a more just and democratic city.

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Published
2017-12-29