Desafios para a efetividade da função social da propriedade imobiliária urbana: propostas e perspectivas

Abstract

After more than thirty years of the Chapter of Urban Policy in the federal constitution and more than twenty years after its regulatory law, the Statute of the City causes a very low adherence to the instruments of coercivity linked to the non-compliance with the social function of urban property, listed in art. 182, § 4, inc. I to IV of the Federal Constitution of 1988 and its respective developments inserted in said Statutes, especially articles 5 to 8. This perspective remains aggravated by the neoliberal approach of the urban space, which advocates the emptying of the role of the State and a conjuncture of fiscal adjustment and reduction of public spending, something extremely challenging to contrast the intensification of the urban crisis and observe the intermediate character of the State in the realization of fundamental rights. Moreover, law is one of the many instances of a game of power and struggle, which develops within the various social relations. Cities have long since expressed the struggles for better quality of life, something that is closely related to the dynamics of production and reproduction of capital. In fact, in the capitalist reading of the city, we dialogue with the logic of expansion and maintenance of capital, associated with a clash between the value of use and the value of exchange of urban property, something strongly enhanced by cultural aspects of the patrimonialist tradition of Brazilian society, of administrative discontinuity, among other arguments that apply to cities. This scenario permeates a reading that prestigious the struggle for the right to the city and the autonomy of urban law by recognizing the character does not exempt from the law. This is also articulated with a paradigmatic rereading of institutes that dialogue with the development of urban policy in charge of the municipality, such as the need to promote an effectively democratic and inclusive urban planning, as well as to re-discuss the positivity and hermeneutics of fulfilling the social function of public property. This affects the effectiveness of the obligations and sanctioning instruments conveyed by the Progressive IPTU in time and the expropriation of urban sanctions, requiring new approaches and changes. Moreover, this rereading is not limited to these traditional institutes, but requires a rediscussing of the role of the Federal Senate in authorizing the issuance of public debt securities for municipalities to develop their urban policy, as well as the promotion of new prospects for financing urban policy. All these questions are addressed in the course of the work from an original perspective and that invokes at the end the experience of the Municipality of São Paulo as a beacon of the proposals published in the context of a new hermeneutics and positiveization of proposals that encamp a greater effectiveness for the alluded instruments object of the present work.