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

Abstract

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.