A função social da propriedade pública urbana e as novas compreensões sobre o interesse público: em busca de uma gestão dos bens públicos urbanos adequada ao direito à cidade

Abstract

The research analyzed the current legal basis of urban public property in Brazil and its impacts on the management of urban public goods. In order to be successful, the deductive-interpretive method was adopted, which was supported by bibliographical and legislative research in Brazilian sources and in the western Latin European states - Portugal, Spain, Italy and France. This indicates that the research in comparative law was one of the main methods employed. These elements allowed to construct a conceptual and exegetical scheme. Through it the semantic and normative contents of the categories “public interest”, “right to the city”, “social function” and “social function of urban public property” were defined and the interrelations between them were demonstrated. Thus, the new theorizing about the public interest identifies it to the realization of fundamental rights, which allows to recognize urban public property as a social function. After all, this proprietary species is justified by the participation of public goods in the realization of the right to the city, which indicates the impacts of the social function of urban public property. It complies with the prerogatives of public owners, non-owners and beneficiaries of titles of private use of urban public goods. It determines the exercise of these prerogatives, the possibilities of affectation of these goods and justifies the democratization of the decision-making process about their destiny. Therefore, it can be affirmed that the results obtained with the research provide elements that allow to reconstruct the theory of urban public goods / urban public property and to establish parameters for the proper management of these goods.