Plano diretor e normas ambientais : análise daconformação e da compatibilidade nos dez municípios mais populosos doestado do Rio Grande do Sul

Abstract

This dissertation analyzes the conformity and compatibility between Master Plans and environmental regulations in the ten most populous municipalities in the State of Rio Grande do Sul (Porto Alegre, Caxias do Sul, Canoas, Pelotas, Santa Maria, Gravataí, Novo Hamburgo, Viamão, São Leopoldo e Passo Fundo), considering the central role of the Master Plan as the basic instrument of Urban Policy. The research aims to verify the extent to which municipal environmental legislation, notably the regulation of the Municipal Environmental Policy, the Municipal System of Conservation Units, and Permanent Preservation Areas, is articulated with the respective Master Plans. The methodology adopted is qualitative, with a legal-dogmatic and comparative approach, based on the systematic analysis of current municipal legislation, according to previously defined criteria of conformity and compatibility. The study is structured around two complementary axes: a theoretical axis, focused on the analysis of the Master Plan and environmental instruments within the Brazilian legal system; and an empirical axis, which carries out the mapping and normative analysis in the ten most populous municipalities of Rio Grande do Sul. In this context, the research develops an analytical framework centered on three municipal environmental instruments: the Municipal Environmental Policy (PMMA), the Municipal System of Conservation Units (SNUC), and the regulation of Permanent Preservation Areas (APPs), examining their relationship with the respective Master Plans. The results indicate that, although there have been formal advances in the incorporation of environmental guidelines into Master Plans, significant weaknesses persist in the normative integration between urban planning and environmental protection, evidenced by regulatory gaps, normative overlaps, and the absence of explicit articulation among the analyzed instruments. It is concluded that such normative fragmentation compromises the unity of the municipal legal system, legal certainty, and the effectiveness of urban-environmental planning, highlighting the need to strengthen the articulation between the Master Plan and local environmental policies, especially in light of the challenges posed by the intensification of environmental risks and climate change in urban areas. [resumo fornecido pelo autor]