Preenchendo vazios urbanos: a implementação dos instrumentos jurídico-urbanísticos de indução à função social da propriedade por municípios da região Sul do Brasil

Abstract

The present study aimed to understand the overview of southern Brazilian municipalities in terms of implementing the legal-urban instruments stipulated in art. 182, § 4º, of the 1988 Federal Constitution. These instruments include mandatory land parceling, building, or usage; progressively increasing IPTU (Urban Property Tax) over time; and expropriation with payment in public debt securities. To this end, an insightful theoretical review was conducted on urban real property ownership and its social function; the right to the city contrasted with real estate speculation and the phenomenon of urban voids; the actions of local authorities and the normative/functional structure of urban planning mechanisms in the legal system. Additionally, a documentary research was carried out on the regulation and use of the aforementioned instruments by six municipalities in the southern region of Brazil (Curitiba/PR, Maringá/PR, Florianópolis/SC, Joinville/SC, Porto Alegre/RS, and Caxias do Sul/RS). These were selected based on demographic criteria, the robustness of the urban structure, and the relevance of administrative capacity, representing both the capital and an interior municipality of each state in Brazil. Methodologically, a qualitative approach was adopted, utilizing bibliographic and documentary research techniques and content analysis. The results obtained in response to the problem-question that guided the research revealed a concerning situation. Of the six municipalities analyzed in depth, only two - Maringá in Paraná, and Joinville in Santa Catarina - demonstrated that they had implemented the legal-urban instruments mentioned. This fact is noteworthy, considering that such instruments were introduced into the Constitution over three decades ago and were regulated in 2001. The observed low adherence thus reflects a significant gap in the application of urban policies, with direct repercussions on the quality of life in cities and the efficiency of urban management. In view of this scenario, and considering the constitutional imperative to promote urban development in an orderly and sustainable manner, a proposed legislative solution (de lege ferenda) is suggested. This involves presenting a legislative bill aimed at amending Law n.º 10.257/2001, known as the City Statute, conditioning any urban expansion to the prior and effective implementation of the legal-urban instruments provided for in the Federal Constitution of 1988. This measure seeks not only to ensure the effectiveness of the already planned urban policies but also to encourage Brazilian municipalities to adopt urban planning and management practices in line with constitutional principles and the overarching objectives of the City Statute. From this perspective, the legislative amendment proposal presented at the end of the research work emerges as a concrete and innovative response to the urban challenges faced in Brazil, offering a viable path for cities to develop in an orderly, fair, and sustainable manner, in line with constitutional guidelines and the desire of the constituent legislator to overcome the problem of urban voids and promote collective well-being. [resumo fornecido pelo autor]