As hortas urbanas comunitárias em espaços públicos como um instrumento para o alcance da sustentabilidade urbana: um estudo jurídico sobre a Horta das Corujas (SP)

Abstract

The presente studie aims to analyze the phenomenon represented by the occupation of urban public spaces by community gardens, in order to enable a proper operation of the government. Unlike other forms of use of public spaces, urban gardens require prolonged physical occupation. However, the protagonists responsable for the garden may be variable and transient, without a formal leadership or hierarchy, bringing a challenge to the legal structures designed to precise actors. The theory of the commons provides an appropriate tool to perceve the dynamics of these movements. Throught the analyses of the concept of sustainable city, we can see an alignment between the goals pretended by the urban gardens and environmental policies, bringing a positive view of the occupation. Similarly, the examinations of the concept and the role of public space in cities that aim to achieve a reduction in environmental impacts, shows that urban gardens can be a proper use of these sites. The theoretical study is complemented by the analysis of the concrete situation experienced by Horta das Corujas , in São Paulo, and the novel regulations brought by the Municipal Law No. 16,212, of 06.10.2015, which indicates a possible way for a good relationship between government and the movement of community urban gardens, by increasing citizen participation in the management of public spaces in favor of individual freedom, collective responsibility and civil society empowerment.