O direito a cidades sustentáveis e a ocupação de áreas de preservação permanente em áreas urbanas consolidadas para fins de moradia

Abstract

This dissertation aims to accomplish a legal analysis of the occupation of Permanent Preservation Areas for housing purposes in the cities and the reflects of this occupation on the right to sustainable cities.Therefore, from the concept of right to the city, we will trace a brief overview of the need for interrelation between the urban and environmental agendas in view of the consolidation of a political-legislative context that ensures the right to sustainable cities and their social function, in order to demonstrate the role of these agendas in the search for alternatives for the establishment of the necessary bases to concretize the social-environmental function of the city. From this perspective, it is essential to carry out an analysis of how the Brazilian legal order has adopted the right to (sustainable) cities - context in which the City’s Statute, an important legal framework in Brazil deserves a highlight - which recognized the necessity of regulating the urban property for the sake of collective good and environmental balance and that presents the minimum rights to meet the social function of the city (among which stand out the right to urban land, housing, environmental sanitation, urban infrastructure, transportation and public services, work and leisure). The right to sustainable cities is understood, then, as a fundamental human right, with a highlight to the role played by the right to decent housing and to ecologically balanced environment in the concretization of this right. From this analysis, we argue how to deal with occupation for the purpose of housing when it affects territorial spaces environmentally protected, such as the Permanent Preservation Areas, which intervention is, in general, prohibited. In order to answer this question, it is essential the analysis of the Federal Law n° 12.651/12 and Federal Law n° 13.465/17, in order to understand how the new forestry law has approached these cases when inserted in consolidated urban areas, as well as the aspects of environmental protection brought by Federal Law nº. 13.465/17, which provides, among other topics, about the land regularization issue