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

Comunidades tradicionais em áreas protegidas: convergências e lacunas da Política Urbana e Ambiental na Reserva de Desenvolvimento Sustentável Estadual Ponta do Tubarão/RN

This work presents a reflection on possibilities and boundaries of consolidation and expansion of human settlements characterized as traditional communities that are located within protected areas, using as study reference the State Sustainable Development Reserve Ponta do Tubarão, at Rio Grande do Norte state. The main topics highlight the conflict between the right to housing and the prevalence of fundamental rights of traditional populations, opposed to the diffuse right to environment, according to the regulatory framework of the Brazilian Urban and Environmental Policies. At the same time that these settlements, historically built, are substantiated by the principles of recognition of rights to traditional populations, they are in a condition of complexity to the resolution of conflicts in its urban dimension and lead to an impairment of natural sites. This work questions how the instruments of land use and occupation are defined and relate to environmental planning, especially considering that the settlements are located in Permanent Preservation Areas (APP). It aims to further the discussion of the urban dimension in settlements, characterizing its formation and growth process, to identify the gaps and convergences between the Urban and Environmental Policy, under the foundations of a socio-environmental approach. The results spotlights the conflicts between occupation and natural areas, inferring that the definition of Urban Policies instruments and its integration with Environmental Policies instruments account for essential and priority actions to the achievement to the rights to a sustainable city, as determined in the Cities Statute and environmental protection goals, defined for the Conservation Units

Plano setorial: a construção de estratégias para implementação do plano diretor de Natal

The Sectoral Plan was inserted as an urban instrument in Master Plan of Natal (LC82/07), since then it has been deepened. It is guided to the equitable distribution of the benefits of urbanization, aimed the efetivation of the Right to the City and the Environmental function of property in the context of urban planning. Thereby, the Sectoral Plan was inserted into the perspective of promoting a favorable field for applying articulated of instruments defined in the Master Plan, and them with urban interventions, through the deepening of macrozoning - coming out of dimension of the city and going to a small fraction of the urban by reducing scaling - facilitating democratic management in accordance with the City Statute. However, the absence of regulation and the conceptual and operational fragility of the instrument, approached it of other existent experiences and instruments, limiting its application and evaluation. Considering the innovative nature of the instrument and the intense social participation, we inquire about conceptual and operational elements which could give greater effectiveness to Sector Plan in construction? Guided by that question, this dissertation aim to understand the nature and operational procedures of Sectoral Plan, seeking to do indications about the conceptual and operational aspects of implementing a Sector Plan. The neighborhood of Ponta Negra was selected as empirical universe because it was the first sector defined in the Master Plan. This research adopts reference authors who´s make reflection and insights about the matrix of Urban Reform, whose principles constitute the basis of the trajectory of revision of urban planning in Brazil since the 1980s, highlighting Raquel Rolnik, Nelson Saule Júnior and Orlando Alves dos Santos Júnior. For the local monitoring, we use the authors Alexsandro Ferreira Cardoso Silva, Rosa Maria Pinheiro Oliveira e Marise Costa da Souza Duarte, in order to understand the growth dynamics of Natal, lawfully and urbanistically

Parâmetros urbanísticos na regulação do uso e ocupação do solo: estudo da densidade e do coeficiente de aproveitamento nos planos diretores de Natal de 1994 e 2007

A Constituição Federal de 1988 e o Estatuto da Cidade estabelecem o Plano Diretor como instrumento básico da política de ordenamento territorial, tendo como princípio fundamental o cumprimento da função social da propriedade e do direito à cidade. Na perspectiva de adequação às diretrizes e objetivos da política urbana estabelecidos em 1988, o município de Natal elaborou os Planos Diretores de 1994 e 2007, definindo instrumentos e parâmetros de regulação do uso e ocupação do solo possíveis de assegurar o cumprimento da função social da propriedade urbana e de gerar subsídios ao planejamento e à gestão da cidade. Apesar de Natal ter sido um dos municípios brasileiros pioneiros na adoção desses princ pios, antecipando e incorporando os instrumentos que em 2001 viriam a ser definidos no Estatuto da Cidade, identifica-se que alguns desses instrumentos e parâmetros direcionados à regulação do uso e ocupação do solo não tiveram sua aplicação plena, a exemplo do mecanismo de acompanhamento e controle dado pelo Estoque de Área Edificável e da Densidade, que foi substituída pelo Coeficiente de Aproveitamento no Plano Diretor de 2007. Questionando esse procedimento, busca-se na presente pesquisa investigar de que maneira essa substituição do parâmetro densidade pelo coeficiente de aproveitamento influenciou na capacidade da gestão pública de regular os processos de uso e ocupação do solo, de forma a adequar a sua intensificação ao suporte da infraestrutura instalada. Foram tomadas como referência teórico-conceitual as contribuições sobre a prática de planejamento urbano no Brasil, nos marcos do ideário da reforma urbana, com destaque para as reflexõe s de Flávio Villaça, Orlando Alves Santos Junior e Daniel Todtmann Montandon, Luiz César de Q. Ribeiro, Raquel Rolnik, Ermínia Maricato, Laura Machado de Bueno e Renato Cymbalista, José Roberto Bassul e Carlos F. Lago Burnett, e, com relação aos parâmetros de controle urbanístico, o estudo identifica as diferentes abordagens sobre a densidade urbana e o coeficiente de aproveitamento com base nas reflexões de Claudio Acioly Jr., Forbes Davidson, Juan Luis Mascaró, Ricardo Ojima, Marcelo de Souza, José Rámon Navarro Vera e Armando Ortuño Padilla, Nestor Goulart Reis, Marta Dora Grostein e Susana Ricardo Alves. Como conclusão, discute-se a hipótese formulada, inicialmente, de que a mudança de parâmetros verificada colocou limites para o município realizar uma gestão adequada do solo urbano e, portanto, de fazer cumprir a função social da propriedade, considerando a necessidade de adequação entre a intensificação do uso e ocupação do solo e a infraestrutura instalada

O desenvolvimento sustentável na ordem constitucional e sua promoção através do planejamento urbano

The man, being subject and object of their changes, has passed by many process to find a better life way. Since your existence, he finds to live in groups for make easy your life and make concrete yours desires. All by history, when the individual´s rights was establishment, collectives and lonely way, contribute for evaluate the relationship between individuals and they own, and them and state, which has a duty to those, positive or negative, depending on the case. The circle of fundamentals rights has been sustainable development and the concept of growth economy associated to the environment protection. This association reflect a apparent conflict between values very distinct, but the constitutional interpretation can be reunite both of them and make it live in harmony; values of environmental order and economical order can be exist together, as long as the state contribute to this. On the city, where the most of relationships happening, the urban plan appear how a effective way of sustainable development, finding the harmony between the growth economy and environment protection. To effective the socials functions of the city (inhabit, circulate, work and entertainment) and the citizen´s life quality, the city is the scenery that show how the urban plan, across established previously legal instruments, like the governmental public politics, to effective the right to development, right of third generation. The director plan how effective tool for local needs - obligation defined by Citizen Statute that contribute for the program linked defined by the urban plan. The state´s intervention on the private sector of citizen, and the restriction on their rights are be justified by the collective´s rights and their quality of life. So, in front the urban scenery has been the plan to make social functions of city, the healthy way of life, which is the sustainable development

Zoneamento geoambiental como subsídio ao planejamento territorial municipal: estudo de caso para Currais Novos/RN

This paper presents the master plan and geoenvironmental zoning natures as instruments of environmental planning and management. The discussion of territory environmental planning is guided by two directions: at first the environmental elements involved in planning and the another is the implementation of these instruments at the municipal territory. To analyze the planning directed of the municipal territory we consider the fragments of its, represented by country and urban. The master plan inside of the Estatuto da Cidade (City Statute) and the geoenvironmental zoning are directed to territorial environmental planning. Regarding of the master plan the first challenge has been the spacial area that the plan can cover. It is necessary to prepare master plans that could include all the territory. The environmental zoning are directed for the territory totality.In this sense, the geoenvironmental zoning of the Currais Novos was done in the totality of the municipal territory and guided by the environmental physics variables. The geoenvironmental zoning sets in a planning and ordering of the territory instrument based in the landscape analysis. Therefore grounded in the Geosystems‟s Theory this work has like a main objective to propose a geoenvironmental zoning for the Currais Novos Municipality in RN. So, was used an analysis technique suggested for Bardin (2010) and the Currais Novos‟s physical environment characterization through of the fieldwork and cartographic data vectorization, beyond the image‟s treatment SRTM. The geoenvironmental systems definitions were based in the suggestion of Cestaro, et al. (2007) support in Bertrand (1968). For both were identified five geoenvironmental systems: Borborema Plateau, Residual plateau, Chapada da Serra de Santana, semiarid river valley and lagoon valley and eleven geoenvironmental subsystems: Borborema Plateau Western Slope, Isolated Massif of the Borborema Plateau, Residual Crest, Residual Massif, Erosional Scarp of the Chapada, flat top plateau, fluvial plains, temporary river of the semiarid and ornamental water or sluice

Dinâmica regional e política urbana: Uma análise das cidades de porte médio da região administrativa de Campinas/SP

The process of internalization of development occurred in the state of Sao Paulo resulted in accelerated growth of intermediate cities leading to a pattern of development with sprawl, segregation and suburbanization. In this process stands the Administrative Region of Campinas, the hinterland region of higher growth and accumulating a larger number of medium-sized cities. Such questions imply the need for appropriate urban policies to confront these challenges, under risk to jeopardize the quality of life and environment of these cities. The implementation of the Estatuto da Cidade brings new perspectives for urban management in medium-sized cities. This study aims to evaluate the deployment of instruments of urban management in medium-sized cities in São Paulo, with emphasis on Administrative Region of Campinas, based on the Profile of Brazilian Municipalities 2008 conducted by IBGE. The results point to a worrying situation, as it did not see a correlation between the deployment of these instruments and the size, growth and income in the mid-sized cities.

A questão cultural no município de Álvares Machado: a importância de políticas públicas no processo de preservação urbano-ambiental

This work analyzes the importance of public policies in the process of urban-environmental preservation of the Alvares Machado city at state of Sao Paulo in Brazil, where priority was given to questions related to cultural heritage. Adopting the concept of territory as base to understand the complexities in the city, this work clarifies and contextualizes the historical heritage legislation through the Master Plan and the City Statute. The work also focuses on the contribution of the geographer toward studies related to urban-environmental planning.

A política nacional de resíduos sólidos e o plano diretor municipal de Rio Claro/SP: o uso como instrumento para a gestão urbano-ambiental municipal

Due to the large economic development associated with the growing consumerist lifestyle of our capitalist society, the problem of uncontrolled solid waste generation worsens, which one is considered to be one of the main responsible factors for environmental degradation. As a case study and in order to solve the problem of large generation of municipal solid waste, this work aims to study the “plano diretor” of Rio Claro city, São Paulo. The “plano diretor” is a municipal law that provides guidelines for the administration of the city, which include guidelines for the management of solid waste generated in the city. The guidelines required in order to write the “plano diretor” are provided by the national law “estatuto da cidade”, providing information for the planning and development of the cities, as well as the management of the urban environment. However, only the “estatuto da cidade” does not provide enough instructions for creating management plans in order to solve the many problems from the urban environment. Thus, studies have been done about urban and environmental management, to understand how municipal management plans should be structured. As a form of seeking information that can complement the “plano diretor” to the creation of policies for managing solid waste of the city, the “Política Nacional de Resíduos Sólidos”(PNRS) emerges in 2010 as a document which provides principles, objectives and guidelines to create plans for Solid Waste Management at the national, state, regional and municipal levels. Therefore, it was possible to make a joint analysis of the “plano diretor” of Rio Claro with the PNRS to identify what is already done within the municipality about the solid waste management, and identify which aspects are most significant in the municipal solid waste management that the national policy provides. Yet studies have been done on the current municipal solid waste management...

Estudo de impacto de vizinhança: diretrizes para elaboração

This scientific research focus on the “Estudo de Impacto de Vizinhança” (EIV, Neighborhood Impact Study), a legal instrument instituted by federal law, and regulated by municipal law, that aims to evaluate the impacts in the neighborhood caused by the implantation or expansion of ventures within the urban zone. The main objective of this research was the formulation of general guidelines for EIV elaboration. Therefore, the following steps were considered: review of the legislation and literature on the theme; assessment of existing municipal legislation about this theme; assessment of EIVs elaborated within Rio Claro (SP); elaboration of the general guidelines for EIV elaboration, which were summarized in a flowchart

Descrição e análise de contingências presentes em legislações referentes à mobilidade urbana

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Por uma Governança Democrática : Triangulo Mineiro - Brasil - Uberlândia

The City Educator Program is articulated with PROEX-Pro - Deanship Culture and Student Affairs through the Directorate of Extension, along with the Institute of Geography, Faculty of Architecture, Urban Planning and Design Institute and the City Futura Pro. Program is conducted since 2008 by the Federal University of Uberlândia and Motion City Futura. The outreach program aims to promote democratic governance and smart planning municipal and regional level, enabling public and social (government technicians, law enforcement officers, and civil society leaders) seeking implementation of legal instruments, urban and tributaries in the counties of Araguari and Uberlândia, established in the City Statute and Master Plans, and the Fiscal Responsibility, Social Rights established by the Constitution, and all the instruments of social control in the municipalities involved. The methodology includes content developed through dynamic, research participant, group work and exposure dialogue. The results were relevant to holding the Course on Urban Management and Sustainable Democratic, Uberlândia A Forum for Sustainable Leadership Training Course Ethical and Sustainable, Community Workshops Seminars in Neighborhoods assessment; Map Workshop Speaker, Research Participants, Seminars and Interactive Campaigns Mobilization office in the territory. Were produced articles, reports and reflections that are public in book form. At the end of the implementation of program activities, the municipal governments, entities and non-governmental organizations as well as citizens who, directly or indirectly, involved with the program, attended the final seminar where, besides the presentation of results, was made, collectively, evaluation and assessment of all activities

Por uma Governança Democrática : Triangulo Mineiro - Brasil - Uberlândia

The City Educator Program is articulated with PROEX-Pro - Deanship Culture and Student Affairs through the Directorate of Extension, along with the Institute of Geography, Faculty of Architecture, Urban Planning and Design Institute and the City Futura Pro. Program is conducted since 2008 by the Federal University of Uberlândia and Motion City Futura. The outreach program aims to promote democratic governance and smart planning municipal and regional level, enabling public and social (government technicians, law enforcement officers, and civil society leaders) seeking implementation of legal instruments, urban and tributaries in the counties of Araguari and Uberlândia, established in the City Statute and Master Plans, and the Fiscal Responsibility, Social Rights established by the Constitution, and all the instruments of social control in the municipalities involved. The methodology includes content developed through dynamic, research participant, group work and exposure dialogue. The results were relevant to holding the Course on Urban Management and Sustainable Democratic, Uberlândia A Forum for Sustainable Leadership Training Course Ethical and Sustainable, Community Workshops Seminars in Neighborhoods assessment; Map Workshop Speaker, Research Participants, Seminars and Interactive Campaigns Mobilization office in the territory. Were produced articles, reports and reflections that are public in book form. At the end of the implementation of program activities, the municipal governments, entities and non-governmental organizations as well as citizens who, directly or indirectly, involved with the program, attended the final seminar where, besides the presentation of results, was made, collectively, evaluation and assessment of all activities

Por uma Governança Democrática : Triangulo Mineiro - Brasil - Uberlândia

The City Educator Program is articulated with PROEX-Pro - Deanship Culture and Student Affairs through the Directorate of Extension, along with the Institute of Geography, Faculty of Architecture, Urban Planning and Design Institute and the City Futura Pro. Program is conducted since 2008 by the Federal University of Uberlândia and Motion City Futura. The outreach program aims to promote democratic governance and smart planning municipal and regional level, enabling public and social (government technicians, law enforcement officers, and civil society leaders) seeking implementation of legal instruments, urban and tributaries in the counties of Araguari and Uberlândia, established in the City Statute and Master Plans, and the Fiscal Responsibility, Social Rights established by the Constitution, and all the instruments of social control in the municipalities involved. The methodology includes content developed through dynamic, research participant, group work and exposure dialogue. The results were relevant to holding the Course on Urban Management and Sustainable Democratic, Uberlândia A Forum for Sustainable Leadership Training Course Ethical and Sustainable, Community Workshops Seminars in Neighborhoods assessment; Map Workshop Speaker, Research Participants, Seminars and Interactive Campaigns Mobilization office in the territory. Were produced articles, reports and reflections that are public in book form. At the end of the implementation of program activities, the municipal governments, entities and non-governmental organizations as well as citizens who, directly or indirectly, involved with the program, attended the final seminar where, besides the presentation of results, was made, collectively, evaluation and assessment of all activities

Direito urbanístico, meio ambiente e patrimônio cultural

Inclui bibliografia