RevCEDOUA

Law as Awakening: Critical Review of International Environmental Law by Dupuy and Viñuales

André Tavares — 2025-11-18

“Cleaning Up Greenwash: Corporate Environmental Crime and the Crisis of Capitalism” by Angus Nurse

Maria Beatriz Neto — 2025-11-18

Expropriations for public use in light of case law: the case of the Porto Court of Appeal of 9 April 2024

Vasco Flores Ramos de Azevedo Teixeira — 2025-11-18

Urbanise rural land or renaturalise urban spaces?

Alexandra Aragão — 2025-11-18

Urbanise rural land or renaturalise urban spaces?

Alexandra Aragão — 2025-11-18

Sustainability, Urban Expansion, and Renaturalization

Raquel Carvalho — 2025-11-18

The intensification of natural habitat degradation and the consequent loss of biodiversity represent central challenges to environmental sustainability on a global scale. Rapid urban expansion, combined with the unsustainable use of resources and the fragmentation of ecosystems, has exacerbated an unprecedented state of ecological vulnerability. Urban areas, as dynamic centers of consumption, innovation, and territorial transformation, occupy a strategic position in reversing these trends. Urban renaturalization, particularly through the adoption of Nature-Based Solutions (NBS), emerges as a diverse and evolving tool within urban planning frameworks aimed at climate resilience and ecological restoration.

Instruments such as the Municipal Ecological Structure already incorporate, in alignment with the specificities of the urban territory, tools such as ecological corridors, green infrastructure, sustainable drainage systems, and the rehabilitation of water bodies. These approaches simultaneously promote biodiversity conser

vation, population well-being, and urban environmental quality. However, the implementation and further development of such tools — or others of a similar nature — remain constrained by institutional barriers, the complexity of multi-level governance regimes, budgetary limitations, and political-cultural resistance.

This study offers a critical reflection on these challenges, exploring operational pathways to overcome them, with an emphasis on the importance of collaborative governance, informed citizen participation, and the strengthening of legal and financial frameworks. Ultimately, the work argues for the centrality of NBS as a structuring axis of contemporary urban agendas and a promising vector for the renaturalization of cities.

Protecting urban natural spaces in France through the intersection of the national and European legal objectives

Tom Drevard — 2025-11-18

In 2021, France adopted a binding target for land artificialisation, which aims to curb the consumption of natural spaces. The adoption in 2024 of the European nature restoration law creates a new objective to preserve urban ecosystems. These two measures do not have the same purpose and do not share the same methodology, but their combination could lead to increased emphasis on the preservation of natural spaces in urban areas.

Can we plan together with purpose, balance, and commitment to the future?

Débora Caires — 2025-11-18

At a time when land is under political, economic, and ecological pressure, the choice between urbanizing rural land or rewilding urban space cannot be treated as a binary decision. This article argues that the Execution Unit (UE), as a contractual and flexible instrument, plays a central role in addressing this tension. This perspective gains particular relevance considering recent legislative amendments to the Legal Framework for Territorial Management Instruments (RJIGT) which, although aimed at responding to pressing needs, raise concerns about the fragmentation of land policy and the weakening of strategic planning.

Thus, rather than choosing between urbanizing or rewilding, we must ask: can we plan together to pursue both paths with vision, fairness, and effectiveness? A critical reassessment of the UE is therefore proposed, demonstrating how it can combine rehabilitation and expansion, territorial justice and timely execution. Based on a practical application in a municipality in the central region, in the interior of the country — in the context of duties performed as a senior technician in local government, in the fields of urbanism, planning, and spatial development, with consolidated knowledge of territorial dynamics and the risks associated with urban expansion to the detriment of the regeneration of existing buildings — the article presents an integrated proposal: to rehabilitate a vulnerable urban neighborhood while connecting it to an adjacent area of rural land (to be urbanized).

It is argued that only through mechanisms of fair distribution and integrated vision can we avoid both the paralysis of underused urban land and the scattered occupation of rural territory. In this light, the Execution Unit emerges as an original and strategic response to current environmental, housing, and legislative challenges.

It is argued that only through mechanisms of fair distribution and integrated vision can we avoid both the paralysis of underused urban land and the scattered occupation of rural areas. In this light, the Execution Unit emerges as an original and strategic response to today’s environmental, housing, and legal challenges.

Urban Land Reclassification in Portugal: Insights for the Urban Planning Law in Brazil

Fábio Scopel Vanin — 2025-11-18

Urban land classification is a central theme in urban public policy, directly impacting environmental protection, real estate values, and housing availability. The designation of land’s basic function is a key component in urban planning across diverse national contexts. This article examines the reclassification of land for urban use in Portugal and considers the potential contribution of Portuguese regulations—focused on urban containment—to improving Brazil’s urban perimeter expansion policies, which are generally guided by an expansionist approach. The study aims to investigate how land is classified within the legal frameworks of Portugal and Brazil, evaluating whether aspects of Portuguese law may qualify and enhance Brazilian regulations. The specific objectives are: (a) to outline general principles of Urban Planning Law in both countries; (b) to present the legal rules governing land reclassification in Portugal and urban perimeter expansion in Brazil; and (c) to compare the models, identifying distinctions, similarities, and potential adjustments to Brazilian law. The article is based on bibliographic research, including legal literature and normative instruments—such as statutes, decrees, and regulations—from Portugal and Brazil. The methodology adopts a comparative procedure, with a basic, explanatory nature and a qualitative approach.Findings suggest that Portuguese legal norms may contribute to Brazil’s regulatory framework by (i) establishing national criteria for land classification and typology; (ii) linking legal obligations to reclassification processes; and (iii) allowing for the expiration of reclassification if urban development objectives are not fulfilled.

Use of SNIG as a Critical Infrastructure for Land Reclassification Decisions

Luiz Ugeda — 2025-11-18

The growing pressure to reclassify rural land in Portugal demands robust legal and technical foundations. This article examines the National Geographic Information System (SNIG) as a critical infrastructure for the revision of Municipal Master Plans and for the application of the exceptional regime introduced by Decree-Law No. 117/2024. The methodology combines SNIG data with complementary sources – Cadastral Registry, National Agricultural Reserve (RAN), National Ecological Reserve (REN), and areas classified by the Institute for Nature Conservation and Forests (ICNF) – in order to identify normative overlaps and land use conflicts. The results reveal inconsistencies between administrative deliberations and the physical-legal boundaries of the territory, exposing risks of nullity of administrative acts and legal uncertainty. The article argues that the absence of mandatory normative articulation with SNIG undermines transparency, predictability, and the legality of public decisions. It ultimately defends the binding integration of SNIG into reclassification procedures as a condition for sustainable land planning, consistent with the INSPIRE Directive and the principles of good governance.

De la lutte contre l’étalement urbain à la protection qualitative des sols The fight against urban sprawl to protecting soil quality

Corinne Manson — 2025-11-18

In France, the Climate and Resilience Law of 22 August 2021 limits the consumption of agricultural, natural and forest areas through the Zero Net Artificialisation target, which requires urban planning documents to ensure that there is no artificialisation of land by 2050: any artificialisation must be offset by the renaturation of an equivalent area. It also introduces the ecological functions of soil into the legal definition of artificialisation and imposes a coefficient of non-impermeable or eco-friendly areas for construction projects. While these developments are in line with the integration of sustainable development into French urban planning law and the draft European directive of 5 July 2023, which sets the objective of ensuring that all European soils are in good health by 2050, they remain insufficient. A limitation on land artificialisation is prescribed, as provided for in the draft directive, by imposing quantitative soil protection, but the tools provided remain largely insufficient, particularly at the national level in terms of soil health assessment and sustainable soil management.

Housing Policies, Land Reclassification and Construction Reality: Is Portugal on the right track?

Carla Patricia Dias — 2025-11-18

Portugal faces a deep housing crisis driven by structural causes such as public disinvestment, exclusive promotion of home ownership, and excessive market liberalization. In recent years, legal reforms such as rural land reclassification and urban planning simplification (Simplex Urbanístico) have been promoted as solutions to increase housing supply. However, a critical analysis shows that these measures lack articulation, cost control, and integrated strategy. Practical experience in property legalization and rehabilitation reveals that these solutions do not address real obstacles to housing construction — including escalating costs and speculative practices. By comparing international examples, the study concludes that success requires coordinated action across planning, public funding, market regulation, and local governance. This commentary advocates a systemic and cross-sector approach where housing is recognized as a social right, not a financial asset. Only then can a fair and sustainable response to the current crisis be achieved.

Temporary nature as a proposal for reconciling urban development and nature conservation

Hucq Aurélien — 2025-11-18

Historically focused on preserving certain environments of high ecological interest, the law must also promote legal means of restoring and conserving nature outside protected areas, such as urban environments. These environments may be subject to socio-economic dynamics that are not always compatible with the establishment of sustainable nature, linked to stable long-term ecological conditions. Nevertheless, they are likely to temporarily host habitats linked to the early stages of plant succession and pioneer species or species dependent on recurring disturbances. Temporary nature is a concept developed in the Netherlands (Tijdelijke natuur) that provides a legal framework for the temporary provision of space for nature conservation purposes before authorizing urban development. Thus, in the spirit of a reconciliation ecology, temporary nature aims to offer a land management solution that reconciles development and nature conservation in urban environments. Based on existing legal literature and practice, this article aims to provide an up-to-date overview of the admissibility, under European law, of temporary nature, identifying its opportunities and limitations as one of the tools of nature conservation law in urban environments.

Ecosystem Services in Spatial Planning Instruments. The case of Mafra´s future Master Plan of 3th generation

Ana Filipa Raimundo — 2025-11-18

In an era where the loss of biodiversity is a threat to both territories and humanity, it is urgent to promote measures that minimize negative impacts. In recent years, Portuguese spatial planning has undergone transformations, both in urban planning law and in environmental law, reflecting an evolution in the integration of international and European legislation into national legal frameworks.
The evolution of legislation concerning spatial planning, urban development, and environmental policy, will have an impact on the application of special planning instruments (IGT) at national, regional, and municipal levels, and it can be possible to draw lessons for the future, which can improve the effectiveness of public policies for spatial planning and urbanism.
In this sense, the regulation, in the broad sense, of biodiversity loss can be equated from the delimitation of ecosystem services and their integration as essential elements in the definition of sustainability and environmental protection zones and in the future in the redefinition of urban areas, within the scope of the development the IGT.
In fact, the development of IGT will require the consumption of the soil resource, as well as the adaptation of areas to suppress human needs for urban development and economic activities, which integrate ecosystem services.
This article aims to contribute to a comprehensive reflection on the governance and regulation, in the broad sense, of biodiversity loss, through the Municipal Master Plan (PDM), evaluating possible methodologies for the enhancement of sustainability and environmental protection zones, in the specific case of the future 3rd generation Mafra PDM, or the creation of specific ecological restoration projects.

« Bringing nature and sustainable development into the construction of modern buildings »

Valeria Cristina Schaefer Salazar — 2025-11-18

Population growth and the development of large cities through the construction of buildings have created problems for flora and fauna, which have seen the destruction of their habitats and in some cases the rarefaction of these species. Now is the time to restore to nature what man has damaged through urban development. To achieve this, there are various techniques for constructing buildings and planning green areas that can lead to the renaturation of landscapes and the recovery of biodiversity, combined with better management of current climate change. These include techniques such as green infrastructure, blue spaces, rooftop terraces and beehives, community vegetable gardens, green facades and natural cavities for wildlife. There are also various techniques for improving the environment and health, renovating rather than constructing new buildings, particularly in developed countries, considering the circularity of materials, including bio-sourced materials rather than non-renewable ones in construction programmes, as well as energy-efficient appliances, and many others that are already on the international market. In addition to the possible technical applications on the ground, the challenge begins with planning and continues with the generation of networks between the players involved to create synergy and achieve the desired objectives.

Innovative models of sustainable and resilient cities: the case of shallow geothermal energy

Luís Manuel Macedo Rebelo — 2025-11-18

The balance between urbanizing rural land and renaturalizing urban space is currently reflected in many strategies used to pursue urban interests and sustainable development. Given this difficult choice, cities seek to implement urban models that balance the needs inherent to sustainability: social, environmental, and economic keystones.

As a way of avoiding exponential urban expansion and major urban pressures on land use, while simultaneously safeguarding the socio-economic interests associated with large urban areas, certain cities in Europe have invested heavily in renewable energies. Among these, we highlight shallow geothermal energy, which refers to energy systems that continuously exploit the temperature of the subsoil through heat exchangers, a heat pump, and a regulation device.

The growing use of geothermal energy in portuguese urban areas reflects the public sector's concern to encourage the use of geothermal energy with a view to social and housing revitalization, economic enhancement, and ecological and sustainable protection. Therefore, it is important to strengthen the implementation of integrated public policies that encourage, regulate, and monitor the application of shallow geothermal systems throughout urban areas.

This article aims to address the implementation of shallow geothermal energy in a national and community context, in line with its role as a sustainable urban solution, and the increased and urgent importance of regulatory, technical, and scientific developments in this area.

Public-Private Partnerships in Urban Development and Housing

Fernando Gavronski Guimarães — 2025-11-18

The right to housing, enshrined in the Constitution of the Federative Republic of Brazil, faces enormous challenges regarding its effective implementation in the country. Over the past ten years, however, the model of Public-Private Partnerships (PPPs) for Urban Development and Housing has been successfully implemented in São Paulo, primarily aimed at the regeneration of degraded areas of the city. This model allows the Public Administration to plan the establishment of new sustainable housing centers, taking into account the social and environmental issues of the regions where the projects are to be implemented, as well as addressing the demands of the incoming population through, for example, the construction or refurbishment of public facilities in these areas. In this sense, the adoption of the PPP model enables the channelling of private resources to achieve eminently public objectives, although a central concern in the project’s structuring is to ensure the economic and financial balance of the undertaking, as occurs in traditional concession models. This article aims to present the Brazilian experience by analyzing the legal structuring applied in these projects under Brazilian law, in order to assess the possibility of their implementation in Portugal—particularly for the urbanization of rural land and the renaturalization of urban spaces. This comparative law approach seeks to evaluate the compatibility of the proposed model with the Portuguese legal framework, with the expectation that the article may offer viable and secure alternatives for the implementation of such projects in Portugal as well.

Right to dwell. How much do you cost me? Land policy and access to housing in contexts of real estate inflation

Lúcia Costa Freitas — 2025-11-18

This study explores the critical issue of how land policy has reconfigured historic centers in the housing market, particularly in the context of island territories.

The aim is to understand whether existing legislation is adapted to the insular context, where the sustainable use of natural resources, the specific conditions of each insular territory, and the implementation of land policies realize the social function of property, based on participatory territorial planning processes that adjust to the physical, socioeconomic, and institutional specificities of each region.

The housing supply, the impact of changes introduced in land law on the housing market, the regulation of the real estate market concerning the management of historic centers, and the effect of external demand on housing prices constitute another point of analysis.

Finally, the impact of short-term rentals on the real estate market and the different policy approaches offering potential strategies to respond to housing needs.

Regularizing Without Urbanizing: Limitations of the State Model of Land Formalization in Peru

Franco R. Danós-Lezama — 2025-11-18

The land regularization policy implemented in Peru has historically been dominated by a technical-administrative paradigm centered on individual property titling as the primary mechanism for addressing urban informality. This model, promoted by the Peruvian public administration, prioritizes legal security through registration processes, while disregarding integrated urban planning and territorial development. Consequently, thousands of families obtain legal titles to their plots but remain in conditions of socio-urban precariousness–without adequate access to basic services, infrastructure, or integration into the formal urban fabric.
This disjunction between titling and urbanization reveals a narrow understanding of the right to the city, reducing regularization to a legal-financial act that fails to resolve structural problems such as spatial segregation, social exclusion, and unequal access to urban opportunities. Moreover, the implementation of largescale titling programs, in the absence of a coherent policy of social urbanism, has fostered perverse incentives–most notably, the proliferation of land trafficking networks that promote illegal occupations of rural land under the expectation of eventual regularization by the State.
In this context, there is an urgent need to reconceptualize land regularization as a component of a broader process of inclusive urbanization. This entails integrating participatory planning mechanisms, infrastructure investment, and municipal strengthening with housing and land governance policies. Furthermore, combating corruption and dismantling land trafficking structures requires the implementation of territorial monitoring, preventive regulation, and effective sanctioning mechanisms. Only through such comprehensive and rights-based approaches can formalization become a meaningful instrument for advancing urban justice, rather than a mere administrative exercise.

Resisting Gentrification in Historic Coastal Cities: The Urbanization of Charleston and Porto

Jessica M. Moeller — 2025-11-18

This article examines the parallel challenges faced by two historically significant coastal cities, Charleston, South Carolina, and Porto, Portugal, as they navigate the pressures of modern urbanization and the consequential risks of gentrification. Despite their distinct cultural and historical trajectories, both cities face similar threats to their unique identities and the displacement of long-term communities. This paper will explore the rationales of urbanization in each context, the indicators of gentrification in Charleston, complicated by its history of racial disparities, and in Porto, fueled by its expansive tourism district. By investigating the existing preventative measures and urban planning strategies adopted by each city, this article critically examines their efficacy in mitigating the negative impacts of gentrification. This comparative analysis looks to identify potential legal and policy frameworks that can better equip historic coastal cities like Charleston and Porto to balance urban growth and suburban sprawl with the imperatives of preserving their heritage and coastal sustainability. The ultimate goal is to ensure an equitable future for all residents during this era of increased global mobility.

Between Landfills and Resistance

Daniela Lorena León Graça — 2025-11-18

This text examines the urban history of Manaus, exploring how its economic cycles—from the colonial period to the Manaus Free Trade Zone—have shaped its uneven and unsustainable development. Founded as a military fort in 1669, the city underwent profound transformations during the 19th-century Belle Époque, when the rubber boom financed major urban projects such as the Amazon Theatre and the Adolpho Lisboa Market, inspired by European modernization models. However, the decline of the rubber industry in the early 20th century plunged Manaus into a prolonged crisis, leading to abandoned infrastructure and interrupted urban planning.

Economic revival came with the establishment of the Manaus Free Trade Zone in 1967, which triggered mass migration and resulted in disordered urban expansion, marked by the filling of streams (igarapés), informal settlements, and socio-spatial segregation. Initiatives like PROSAMIM, launched in 2005, sought to address these issues but prioritized conventional canalization methods, exacerbating flood risks and failing to ensure inclusive urban development.

Today, Manaus faces growing climate challenges, including record flooding of the Negro River and severe deficiencies in basic sanitation. Although the 2014 Master Plan aligns with the City Statute, it inadequately addresses climate resilience, permitting construction in flood-prone areas. As an alternative, the text proposes adopting the sponge city concept, integrating green, blue, and conventional infrastructure to improve urban water management and reduce vulnerabilities, in line with the UN Sustainable Development Goals.

Keywords: Manaus, economic cycles, PROSAMIM, sponge cities, climate change.