Outorga onerosa do direito de construir e dinâmica do mercado imobiliário formal: planejamento e descaminhos na expansão urbana de Parnamirim RN (2008-2010)

The `Outorga Onerosa do Direito de Construir - OODC` (Public Concession of Building Rights), instrument instituted by The City Statute in 2001, has as main objective the recovery of urban property, seeking for a fair distribution the urbanization benefits. The possibility of usage of the OODC instrument is linked to the maximum utilization coefficient, determined to specific areas in accordance to existing infrastructure conditions, further taking into account the formal real estate market, expansion axis and crowding. Being an instrument which establishes values to be paid for a better use of land, it maintains a narrow relation to the real estate, incentivizing or discouraging the crowding in specific areas. The present study investigates the relationship between the criteria for the making of the Public Concession of Building Rights instrument and the dynamics of the formal real estate market. It takes as empiric universe Parnamirim (RN), part of the Natal Metropolitan Area (RN), focusing on the application of the OODC in the period of 2008-2010. It seeks to better understand the necessary basis for the formulation of the instrument, about how it works and its relation to the formal real estate market. It aims to depict the formal real estate market by presenting the production of urban space in Parnamirim in terms of intensity and nature of the real estate, furthermore identifying the licensed properties through the application of the municipality instrument. For the conclusion, it is discussed the criteria for the formation of OODC, its relationship to the dynamics of the formal real estate market and its influencing possibilities in the processes of usage and occupation of land in the context of urban planning

Outorga onerosa do direito de construir e dinâmica do mercado imobiliário formal: planejamento e descaminhos na expansão urbana de Parnamirim RN (2008-2010)

The `Outorga Onerosa do Direito de Construir - OODC` (Public Concession of Building Rights), instrument instituted by The City Statute in 2001, has as main objective the recovery of urban property, seeking for a fair distribution the urbanization benefits. The possibility of usage of the OODC instrument is linked to the maximum utilization coefficient, determined to specific areas in accordance to existing infrastructure conditions, further taking into account the formal real estate market, expansion axis and crowding. Being an instrument which establishes values to be paid for a better use of land, it maintains a narrow relation to the real estate, incentivizing or discouraging the crowding in specific areas. The present study investigates the relationship between the criteria for the making of the Public Concession of Building Rights instrument and the dynamics of the formal real estate market. It takes as empiric universe Parnamirim (RN), part of the Natal Metropolitan Area (RN), focusing on the application of the OODC in the period of 2008-2010. It seeks to better understand the necessary basis for the formulation of the instrument, about how it works and its relation to the formal real estate market. It aims to depict the formal real estate market by presenting the production of urban space in Parnamirim in terms of intensity and nature of the real estate, furthermore identifying the licensed properties through the application of the municipality instrument. For the conclusion, it is discussed the criteria for the formation of OODC, its relationship to the dynamics of the formal real estate market and its influencing possibilities in the processes of usage and occupation of land in the context of urban planning

Apelação no código de processo civil: uma análise sob o prisma do princípio da efetividade

The present dissertation, elaborated is based on the deductive method, through the use of the General Theory of Resources concepts, by the main types of judgments existing in the Code of Civil Procedure, the interlocutory judgment and sentence, as well as the features and effects that challenge these decisions, we sought to identify on this theme one of the greatest evils facing the justice system in the world, which is the processing delays. This slowness in adjudication affects seriously the principle of effectiveness, one of the postulates of procedural law and society as a whole. Thus, the use of tort serves to fight the interlocutory decision and appeal which challenges the judge`s ruling. It is a resource for excellence in appellate system as it meets with the most awaited decision of the process. In weighing the importance of the appeal that seeks to oppose the court decision today by the numerous reforms that the procedural system has been through, it has ended up to transform the process ineffective or inconsistent, for it is much easier to have efficacy in a interlocutory decision for preliminary injunction than by judgment on the merits of the judge. This is due to the prevision of the resources and their effect to those decisions. That is, the interlocutory decision involves interlocutory appeal only in the devolved effect, allowing its provisional execution, and the sentence has as recourse to appeal the double effect, remanding and suspension, which necessarily prevents its provisional execution. But it undeniably shows a paradox, because as to give effect to a measure that is based on a mere probability by a summary cognition, partial and superficial, and stop it on a decision by a court that is closer to the truth and sure, for a full and depleting cognition? It is seriously affect the principle of effectiveness. Therefore, starting from this ineffectiveness, sought to defend the solution of this problem with the approval of the bill n. º 3.605/2004 or the new Code of Civil Procedure project that modifies the general rule the effects of appeal. That is, remanding and suspensive, as to merely remanding effect to and thereby enable the provisional execution of the judgment of the court of the first degree of jurisdiction, giving effectiveness and enhancing the decision of the magistrate, making a fair distribution of time in the process and better guaranteed principle of access to justice

Intervenções urbanas em espaços de desvalia. Transformar para valorizar.

The worldwide transformations that took place in the 20th century redefined the cities fate in this new century. The consolidation of urbanization, the technological revolution that fostered globalization, the economic restructuration and informalization, modified space and time concepts, bringing populations closer together and provoking political transformations. They made contemporaries cities protagonists of world events and as a consequence of such processes, worthlessness spaces appeared and cities all over the world started to bet on the strategy of acting in this problematic areas through initiatives aimed at promoting intentional transformations to obtain a multidimensional valorization urban, financial, environmental, cultural and social. In short, such urban initiatives intend to make cities more competitive, sustainable, creative, productive and fair. Also in Brazil, countless worthless spaces appeared in waterfronts, central areas, and deactivated industrial/urbanized areas, as well as in sub-used or misused areas lacking infrastructure and public services where it is imperative and urgent to perform urban initiatives. This research proposes as a thesis that urban initiatives, when carried out based on an adequate politicalinstitutional model, transform and give value to worthless spaces in their multiple dimensions, offering better quality of life to their residents and helping to fulfill the social role of the city. We intend to prove this thesis through the analysis of national and international cases and by introducing thoughts, critique and guidelines as a contribution to the improvement of the urban initiatives implementation processes, in particular to those regarding worthless areas of Brazilian cities

Intervenções urbanas em espaços de desvalia. Transformar para valorizar.

The worldwide transformations that took place in the 20th century redefined the cities fate in this new century. The consolidation of urbanization, the technological revolution that fostered globalization, the economic restructuration and informalization, modified space and time concepts, bringing populations closer together and provoking political transformations. They made contemporaries cities protagonists of world events and as a consequence of such processes, worthlessness spaces appeared and cities all over the world started to bet on the strategy of acting in this problematic areas through initiatives aimed at promoting intentional transformations to obtain a multidimensional valorization urban, financial, environmental, cultural and social. In short, such urban initiatives intend to make cities more competitive, sustainable, creative, productive and fair. Also in Brazil, countless worthless spaces appeared in waterfronts, central areas, and deactivated industrial/urbanized areas, as well as in sub-used or misused areas lacking infrastructure and public services where it is imperative and urgent to perform urban initiatives. This research proposes as a thesis that urban initiatives, when carried out based on an adequate politicalinstitutional model, transform and give value to worthless spaces in their multiple dimensions, offering better quality of life to their residents and helping to fulfill the social role of the city. We intend to prove this thesis through the analysis of national and international cases and by introducing thoughts, critique and guidelines as a contribution to the improvement of the urban initiatives implementation processes, in particular to those regarding worthless areas of Brazilian cities