O condomínio fechado de lotes e seus impactos nas cidades reduzidos pela adequada atuação do poder público

Abstract

This study concerns the development of walled condominia on land lots (condomínio fechado de lotes) as per Federal Law no. 13.465/2017, otherwise known as “closed condominia” (condomínios fechados) or “landed condominia” (condomínios de terrenos). The goal of this paper is to disprove the hypothesis that the expansion of the real estate market on this type of project would necessarily lead to negative impacts on urban development. In order to assess the possible negative impacts of this enterprise, a doctrinal review of the criticisms raised by authors on the subject was made. Upon identifying these consequences, methods were developed to mitigate or extinguish these issues, in order to avoid the disenfranchisement of the population that lives outside of these properties. These issues were caused by the efforts of real estate companies to supply the increasing demand of certain parts of the population for safer and more comfortable living spaces, given the lack of priority given by the State to public security matters. Therefore, even though it is accepted that walled condominia do, in some way, influence the urban landscape negatively, there are means sought in order to eliminate or cope with these issues, enabling the inclusion of these developments in the wider urban planning context.